Traditional Cultural Expression and Libraries

FAQ

1. What are “traditional cultural expressions” (TCEs)?

The term traditional cultural expression is used by the international legal community to refer to works of indigenous peoples and traditional communities, but the term does not have a precise definition. The World Intellectual Property Organization (WIPO) definition found in Booklet 1 (PDF) of Intellectual Property and Traditional Cultural Expressions/Folklore says, “In general it may be said that TCEs (i) are handed down from one generation to another, either orally or by imitation, (ii) reflect a community’s cultural and social identity, (iii) consist of characteristic elements of a community’s heritage, (iv) are made by ‘authors unknown’ and/or by communities and/or by individuals communally recognized as having the right, responsibility or permission to do so, (v) are often not created for commercial purposes, but as vehicles for religious and cultural expression, and (vi) are constantly evolving, developing and being recreated within the community.”

TCEs may include  verbal expressions or symbols (stories, epics, legends, tales, poetry, riddles), musical expressions (songs, instrumental music), expressions by action (dances, plays, ceremonies, rituals, other performances), tangible expressions (drawings, designs, paintings, body paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, baskets, needlework, textiles, glassware, carpets, costumes, musical instruments), intangible expressions reflecting thought forms, and architectural forms.

2. What are some other terms I hear when discussing TCEs, such as traditional knowledge, folklore, and genetic resources?

The term traditional knowledge also lacks a single definition, and refers to knowledge of the natural and spiritual worlds, spanning what is categorized in the west under agricultural, environmental, medical and health sciences, philosophy, religion, and other specialized disciplines. Traditional knowledge and TCEs often overlap, as a reflection of the highly integrated and holistic approach to natural and spiritual phenomena in indigenous culture.

In the past the term folklore was used to discuss what we now refer to as traditional cultural expressions. Some nations still prefer the term folklore or folk works to describe the concept of traditional cultural expressions.

The term genetic resources refer to genetic material–material of plant, animal, microbial, or other origin “containing functional units of heredity.”

3. Are traditional cultural expressions in opposition to library values of collection, preservation, and access?

Libraries play a primary role in preserving and providing access to the world’s cultural heritage. Librarians share a philosophy and a set of values that guides the profession. Library values are based on the ideas of intellectual freedom, freedom of speech, access to knowledge, preservation of knowledge and cultural heritage, and advancement of research, scholarship, education, and culture. However, concerns may arise when cultural works are made accessible to the public, either by members of indigenous and traditional communities or by governmental, non-profit or commercial entities. Some fear that opening TCEs to the world creates the risk that the work may be misused or misappropriated, threatening cultural identity by dishonoring the original meaning and value of the cultural work.

The creative expressions of native or indigenous peoples are deeply connected to a community’s spiritual beliefs, cultural identity, world view, and customary law. They are considered by native peoples to belong to the community in which they originate, and are integral to self- determination. Indigenous peoples have concerns for the spiritual care of objects and expressions and the contexts in which their works are used. Expressions are often considered sacred, not to be shared outside the community.

The management and protection of traditional cultural expression is a long-standing issue that is greatly magnified by the digital environment. Digital technologies and the Internet elevate the discovery of and access to cultural works to a potential world audience.  TCEs can be easily modified without authorization and then further distributed by digital technologies and networks. Increasingly, libraries collect, store, make available, preserve and digitize cultural works without a clear policy position on how TCEs should be managed or protected. This is an area in which library values can conflict with the interests of traditional cultures, making policy decisions difficult.

4. Why study this topic now?

In 2000, the World Intellectual Property Organization established an intergovernmental committee to address protection of traditional cultural expression. The committee’s work is gaining momentum within WIPO and its member states. International treaty decisions made at WIPO may have a negative impact on the library’s mission to provide access to and preserve the cultural heritage. ALA must be prepared with a position on the management and protection of TCE in the hope of influencing the WIPO discussions in the best interests of libraries and the public, including traditional cultures.

Where did that banner image come from?

Image via NYPL Digital Gallery.

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