Martin Fredriksson

The Protection of Classics: Collective Claims to Cultural Heritage in Copyright Law

This project applies a cultural heritage perspective on Article 51 of the Swedish Copyright Act, which prohibits the rendering of a classical work ‘in a way that offends the interests of spiritual cultivation’ (SFS 1960:729). This so called ‘protection of classics’ was formulated in the 1950s to protect classical works against derogatory interpretations, such as popular cultural adaptions. More recently Article 51 has been used to prevent the publication of literary works in commercials and in nationalist contexts. The protection of classics reflects changing cultural values, but it also expresses an idea that not only individual authors but also cultural communities have entitlements to culturally significant works. This makes it more closely aligned with a cultural heritage that with a copyright discourse. Indigenous communities’ claims to have their traditional cultural expressions safeguarded from cultural appropriation have taken a centre stage in the contemporary cultural heritage discourse. The proliferation of such claim makes the protection of classics particularly interesting. The project relies on a discourse analysis that maps what cultural values have underpinned the protection of classics 1956-2020. Following that the protection of classics is related to international cultural heritage regulations and finally, the study discusses whether it can serve as a source of inspiration for new ways to approach collective cultural claims in cultural heritage regulation.
Grant administrator
Linköping University, Norrkoping
Reference number
P20-0130
Amount
SEK 2,274,000
Funding
RJ Projects
Subject
Cultural Studies
Year
2020