International Journal of Cultural Property 

Abstract: A major factor driving contemporary concerns about the fate of intangible cultural property is the rise of the Information Society, which has proven adept at stripping information from the cultural contexts that give it meaning. Efforts to preserve intangible heritage have tended to follow Information Society models by proposing that heritage be inventoried, then removed from the public domain and returned to the exclusive control of its putative creators. This essay reviews recent scholarly work and policy initiatives related to intangible cultural property, with an eye toward identifying their merits and flaws. It argues for a more ecological perspective, one that takes account of the unpredictable quality of information flows as well as the costs of attempting to manage them. Also explored are some of the difficult, unanswered questions about whether all intangible cultural heritage is equally worthy of protection.

Abstract: Is it time for law and lawyers to recognize that the term 'cultural heritage' is rightfully superseding that of 'cultural property'? To our minds the answer can only be 'Yes'. Our argument in brief is first, that the existing legal concept of 'property' does not, and should not try to, cover all that evidence of human life that we are trying to preserve: those things and traditions which express the way of life and thought of a particular society; which are evidence of its intellectual and spiritual achievements. On the other hand, they can be encompassed by the term 'heritage' which also embodies the notion of inheritance and handing on. This is central to our second objection to the existing legal concept of property; that 'property' does not incorporate concepts of duty to preserve and protect.

Abstract: This article presents a more human, dynamic, and holistic perspective of cultural heritage, closely referring to the currently observed changes in its conceptual development. It argues that the conceptual focus of cultural heritage has shifted alongside three interrelated and complementary directions: 1) from monuments to people; 2) from objects to functions; and thus 3) from preservation per se to purposeful preservation, sustainable use, and development. The reappearing and alive functional heritage is discussed as opposed to the objectified, glass-covered, and frozen heritage of the past by referring to both practical and theoretical heritage domains. Conclusions are drawn in favor of an adequate reexamination and readaptation of the conceptual framework of cultural heritage, based on accepting its new functional socioeconomic dimension and integrating multiple perspectives from a variety of academic fields.ACKNOWLEDGMENTS: I would like to thank Alexander Bauer and an anonymous reviewer for their valuable comments on this article.

Abstract: The illicit antiquities trade is composed of a diverse population of participants that gives the appearance of complexity; however, using the network paradigm, a simple underlying structure is revealed based on specific geographical, economic, political, and cultural rules. This article uses a wide range of source material to chart interactions from source to market using a criminal network approach. Interchangeable participants are connected through single interactions to form loosely based networks. These flexible network structures explain the variability observed within the trade, as well as provide the basis behind ongoing debates about the roles of organized crime, terrorism, and the Internet in antiquities trafficking. Finally, a network understanding of trade's organization allows for anticipation, though not necessarily prediction, of antiquities trafficking and offers the opportunity to develop new strategies for combating the trade.

Abstract: Recently the commons has become a predominant metaphor for the types of social relationships between people, ideas, and new digital technologies. In IP debates, the commons signifies openness, the exclusion of intermediaries, and remix culture that is creative, innovative, and politically disobedient. This article examines the material and social implications of these debates (and the legal copyright regimes they interact with) in the translation and remix of Warumungu culture onto a set of locally produced DVDs. Although DVD technology can account for concerns such as monitoring access, preserving cultural knowledge, and reinforcing existing kinship networks, it also brings with it the possibility of multiple reproductions, knowledge sampling, and unintended mobilizations. Tracking the shifting mandates and emergent protocols in this digital interface redirects the lines of the debate to include multiple structures of accountability, ongoing systems of inequity, and overlapping access regimes involved in the always tense processes of cultural innovation.