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Preface: About this Guide 5
What is this Guide about? 7
Who is the Guide for? 7
How should the Guide be Used? 7
Background Information
Introduction: Intellectual Property Issues and Festivals 9
The Importance of Folk, Arts and Cultural Festivals 9
An Overview of Potential Intellectual Property Challenges 10
Basic Notions and Important Terms 11
What is Intellectual Property? 11
What are Copyright and Related Rights? 12
What Rights does Copyright Provide? 13
How long does Copyright Last? 14
Are there Exceptions and Limitations to Copyright? 15
What are Trademarks and other Distinctive Signs? 18
What are Trademarks? 18
What are Certification Marks? 20
What are Geographical Indications? 20
What are Industrial Designs? 21
What are Traditional Cultural Expressions and Traditional Knowledge? 23
Descriptions of Traditional Cultural Expressions and Traditional Knowledge 23
Are Traditional Cultural Expressions and Traditional Knowledge Protected
as Intellectual Property? 23
What is the Difference between Protection, Safeguarding and Preservation? 27
Practical Management Information
Devising a Festival’s Intellectual Property Strategy 29
Managing the Festival’s Own Intellectual Property Assets 30
Building the Festival Brand – Registering a Trademark 30
Managing the Festival’s Copyright — the Art of Licensing 35
Controlling the Media 34
Managing the Intellectual Property of Others 35
Managing the Cultural and Customary Interests of Festival Participants 39
Raising Awareness and Enforcing the Intellectual Property Policy 43
Preparing Signs, Notices and Warnings 43
Developing a Respect Strategy 44
Monitoring Infringement and Taking Legal Action 44
ANNEX
Annex I: Examples of Notices 49
Trademark Notice 49
Copyright Notice 49
Photography, Recording, Filming and Publishing Notices 49
Traditional Cultural Expressions and Traditional Knowledge Notices 50
Festival Liability Disclaimer 50
Annex II: Checklist 28
Annex III: Glossary 31
Annex IV: Further Reading 33
TABLE OF BOXES
Box 1. Copyright works in a festival context 12
Box 2. Can a visitor upload his own photographs of the festival on the Internet? 13
Box 3. Collective management of copyright and related rights 14
Box 4. The many layers of copyright in a song 14
Box 5. Is copyright protection international? 15
Box 6. Can visitors take photos, record or film festival performances? 15
Box 7. Does one need permission to perform or recite a play at a festival? 16
Box 8. Can copyright protect a festival’s name? 18
Box 9. WOMAD: an example of a registered festival trademark 19
Box 10. Green certification for festivals 20
Box 11. The Idrija Lace Festival: celebrating a geographical indication-protected handmade lace 21
Box 12. Festivals and traditional crafts 24
Box 13. How can a festival register a trademark? 30
Box 14. What is merchandizing? 31
Box 15. What is a domain name? 32
Box 16. When does one need permission to use the works of others? 35
Box 17. Who owns rights in a photograph taken at a festival? 36
Box 18. Can festival organizers film and broadcast all festival events? 38
Box 19. What are orphan works? 38
Box 20. Unauthorized photographs of a festival performance: a case study 42
Box 21. Training of festival staff and volunteers 44