PADAYON SINING: A CELEBRATION OF THE ENDURING VALUE OF THE HUMANITIES Presented at the 12th DLSU Arts Congress De La Salle University, Manila, Philippines February 20, 21 and 22, 2019 Protecting Indigenous Art: Challenges in Protecting Traditional Cultural Expressions in the Philippines1 Christopher E. Cruz Commercial Law Department De La Salle University
[email protected] Abstract: It cannot be denied that indigenous people have traditional knowledge which is the source of rich cultural expressions in the form of writings, songs, designs and other literary or artistic works. These are works handed down from generation to generation through the passage of time. However, when the “outside world” visits the indigenous people there is a risk that these indigenous works may be appropriated by the and used for commercial purposes without permission. Worse, once it is exposed to the outside world, it may be prone to abuse by unauthorized sale, copying or distribution. How can indigenous art be protected and the cultural heritage of the indigenous people be preserved? The aim of this paper is to show that the indigenous people produce rich artistic cultural expression that should be protected because they should be preserved for future generations to come . To protect indigenous art, there is a need to (1) identify them, (2) survey the legal environment to determine if there are sufficient laws that protect them, and if current laws are lacking; (3) Propose ways on how to sufficiently protect them. The paper will show that (1) the current legal protection afforded to indigenous art is lacking as there is no specific process and substantial provision in the law about protecting indigenous art as an intellectual property; (2) The traditional means of protecting indigenous art through the intellectual property code and relevant laws and regulations are insufficient; and (3) There is a need to increase awareness of the existence of indigenous art and the need to protect them to expose the benefits and risks in exposing indigenous art.