Intellectual and cultural property
Rather than a single project, the theme of copyright relating to cultural issues and heritage has been a research interest of Professor Fiona Macmillan over the past twenty years. During this period she has been the recipient of several grants, and participated in a number of projects in collaboration with other researchers or institutions; and produced a wide range of articles and book sections (please see her聽).
Professor Macmillan has been an active participant in several research networks, having herself previously established an international, multidisciplinary research network to consider new directions in copyright law (funded by an AHRC award). She is a member of the executive committee, and was previously co-director of the聽聽(ISHTIP) which aims to promote and support scholarly investigation of the theory and national histories of patent, copyright, and 'related' rights in both European and non-European countries. Her recent book,聽Intellectual and Cultural Property: Between Market and Community聽(see below) was launched at an ISHTIP flagship event in 2021.
Professor Macmillan鈥檚 focus has been increasingly on:
- intellectual property law in the context of political economy and of post-colonial critiques of the present geopolitical order
- how intellectual property and cultural heritage are generated and exploited by market forces
- the balance of rights between individuals and those of communities
- the tension between safeguarding cultural heritage and disseminating knowledge about culture
- recognition of the destruction of non-tangible cultural heritage
- how to protect intangible cultural heritage and how this competes with the intellectual property regime
- how cultural heritage communities are formed and recognised
- the challenges of using legal taxonomies, perspectives and methodologies at the interface of intellectual property and cultural heritage.
RECENT OUTPUTS聽
A selection of her recent outputs on this theme is listed below:
- Macmillan, Fiona (2021)聽Still Life Between Cultural and Intellectual Property? Western Dualism and the Regulation of Cultural Production. Leiden: Brill Research Perspectives in Art and Law (in press)
- Macmillan, Fiona (2021)聽Intellectual and Cultural Property: Between Market and Community. London and New York: Routledge. ISBN 9781138388062
- Macmillan, Fiona聽(2021)聽.听In:聽Calboli, I.听and聽Montagnani, M.L.听(eds.)聽Handbook of Intellectual Property Research Lenses, Methods, and Perspectives.聽Oxford, UK: Oxford University Press. ISBN 9780198826743.
- Macmillan, Fiona聽(2018)聽.听In:聽Waelde, C.听and聽Cummings, C.听and聽Pavis, M.听and聽Enright, H.听(eds.)聽Research Handbook on Contemporary Intangible Cultural Heritage: Law and Heritage.聽Cheltenham, UK: Edward Elgar Publishing. ISBN 9781786434005.
- Macmillan, Fiona聽(2018)聽.听In:聽Whately, S.听and聽Waelde, C.听and聽Brown, A.听and聽Harmon, S.听(eds.)聽Dance, Disability and Law: Invisible Difference.聽Intellect Ltd. ISBN 9781783208685.
- Macmillan, Fiona聽(2017)聽.听Europa Ethnica聽74 (3-4), pp. 114-124. ISSN 0014-2492.
- Macmillan, Fiona聽(2016)聽.听In:聽Xu, T.听and聽Allain, J.听(eds.)聽Property and Human Rights in a Global Context.聽Human Rights Law in Perspective. Oxford, UK: Hart Publishing. ISBN 9781849467261.
- Macmillan, Fiona聽(2015)聽.听In:聽Porsdam, H.听(ed.)聽Copyrighting Creativity: Creative Values, Cultural Heritage Institutions and Systems of Intellectual Property.聽Farnham, UK: Ashgate, pp. 95-116. ISBN 9781472431653.