Traditional cultural expressions, copyright and culture: a necessary dialogue

Abstract

This paper studies the problems of the traditional and instrumental vision of copyright from the perspective of economic exploitation rights. This perspective limits the protection of traditional knowledge, ancestral practices, expressions, and elements that are part of the culture of indigenous peoples. The authors present an overview that examines the tensions and commonalities between culture, copyright, and traditional cultural expressions. The objective proposed was articulated with a finalist legal research methodology, as well as a descriptive research methodology based on synthetic analysis techniques of contemporary theories of culture. As a result, the authors evidenced the limitations that the current legal system has to assimilate culture and the lack of understanding in the regulation of the dynamics of culture. In this way, it is necessary to rethink the relationship between culture and law, contemplating its tensions and ambiguities, to draw a roadmap that encompasses cultural expressions as a protected legal interest.