Floklore 2.0: Preservation Through Innovation

The WIPO draft treaty on TCE/folklore is intended to be legally binding. Yet, the exclusive rights it would establish are largely untested. They risk unintended consequences that may cause far more harm than good. This Article has argued that by placing undue restrictions on adaptation and commercialization, a strong property rights model of TCE protection would inhibit the creative renewal on which the long-term survival of traditional culture depends.

Placing a “no trespassing sign” on intangible heritage may preserve folkloric traditions in their “authentic” state, but to do so is to adopt the preservationism of a taxidermist.