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Cultural expressions are creative manifestations of the cultural identities of their authors. They are treated in the
international legal system The international legal system is the foundation for the conduct of international relations. It is this system that regulates state actions under international law. The principal subjects of international law are states, rather than individuals as ...
in terms of
cultural rights The cultural rights movement has provoked attention to protect the rights of groups of people, or their culture, in similar fashion to the manner in which the human rights movement has brought attention to the needs of individuals throughout t ...
,
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
law and
international trade International trade is the exchange of capital, goods, and services across international borders or territories because there is a need or want of goods or services. (see: World economy) In most countries, such trade represents a significant ...
.


Definition

The objective of the 2005
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
UNESCO, October 20, 2005 005 Convention is, as its title indicates, to protect and promote the diversity of cultural expressions. The achievement of such objectives requires respect for all
culture Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups.Tyl ...
s, the reaffirmation of the cultural sovereignty of States, the recognition of the dual nature of cultural goods and services, and the rebalancing of cultural exchanges through the strengthening of international cooperation and solidarity measures. The concept of cultural expression is central to the 2005 Convention, which provides a definition:
Cultural expressions are those expressions which result from the creativity of individuals, groups and societies, and which have a cultural content.
The definition of cultural expression emphasizes content over the means and modes of cultural expression. It can be read in conjunction with two other definitions, that of cultural content and that of cultural activities, goods and services. It can be read in conjunction with two other definitions, that of cultural content and that of cultural activities, goods and services:
Cultural content refers to the symbolic meaning, artistic dimension and cultural values that originate from or express cultural identities. Cultural activities, goods and services refers to those activities, goods and services that, when considered from the point of view of their specific quality, use or purpose, embody or convey cultural expressions, irrespective of the commercial value they may have. Cultural activities may be an end in themselves, or they may contribute to the production of cultural goods and services.
Thus, expressions are cultural to the extent that they carry meaning, value and identity and can be conveyed, expressed, through cultural activities, goods or services. They can come from individuals, groups or societies. Activities, goods or services have a dual economic and cultural value. The cultural and economic aspects are interdependent; they both contribute to the existence, development and preservation of diversity. To identify the scope of what constitutes cultural goods and services, one can refer to the non-exhaustive list annexed to the Preliminary Draft of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, published in 2004. Here are some examples of cultural expressions: *
Literature Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...
,
film A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
,
music Music is generally defined as the art of arranging sound to create some combination of form, harmony, melody, rhythm or otherwise expressive content. Exact definitions of music vary considerably around the world, though it is an aspect ...
, media and
visual arts The visual arts are art forms such as painting, drawing, printmaking, sculpture, ceramics, photography, video, filmmaking, design, crafts and architecture. Many artistic disciplines such as performing arts, conceptual art, and textile arts al ...
; * Live arts, performing arts (
theater Theatre or theater is a collaborative form of performing art that uses live performers, usually actor, actors or actresses, to present the experience of a real or imagined event before a live audience in a specific place, often a stage. The p ...
); *
Photography Photography is the art, application, and practice of creating durable images by recording light, either electronically by means of an image sensor, or chemically by means of a light-sensitive material such as photographic film. It is employed ...
and
video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This fee ...
s, especially those with narrative content. Video games with narrative content can be included as a form of
language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
, a variation of the term expression. As permitted by the
Vienna Convention on the Law of Treaties The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes comprehensive rules, procedures, and guidelines for how treaties are defined ...
, the notion of cultural expressions is further defined by State practice and use of the term. In the context of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, this practice is reflected in the quadrennial reports produced by the Parties. In the digital environment, cultural expressions are interpreted in the same way.Directives opérationnelles sur la mise en œuvre de la Convention dans l’environnement numérique, approuvées par la Conférence des Parties lors de sa sixième session (Paris, 12-15 juin 2017). They are also endowed with cultural content and carry a double value, cultural and economic. The
digital environment A digital environment is an integrated communications environment where digital devices communicate and manage the content and activities within it. The concept is based on digital electronics systems which are integrated and implemented for a gl ...
can serve as a catalyst for dissemination and
production Production may refer to: Economics and business * Production (economics) * Production, the act of manufacturing goods * Production, in the outline of industrial organization, the act of making products (goods and services) * Production as a stati ...
, offering new forms of cultural expression, but it also represents a challenge for the diversity of cultural expressions. The cultural expressions covered by the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions may be linked to some forms of traditional cultural expressions but the latter are subject to their own rules. More generally, the preservation of cultural heritage,
traditional knowledge Traditional knowledge (TK), indigenous knowledge (IK) and local knowledge generally refer to knowledge systems embedded in the cultural traditions of regional, indigenous, or local communities. According to the World Intellectual Property Organ ...
and traditional cultural expressions is covered by other
UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
conventions. With respect to the cultural expressions of
indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
, the United Nations Declaration on the Rights of Indigenous Peoples specifically mentions the right of indigenous peoples to preserve, control, protect and develop their
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soci ...
, knowledge and traditional expressions, as well as their right to collective
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
. The
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nation ...
(WIPO) has established a number of conventions on the protection of traditional cultural expressions. The World Intellectual Property Organization is continuing its work on a Convention to recognize intellectual property rights in traditional knowledge and traditional cultural expressions.


The emergence of the concept of cultural expressions within UNESCO


UNESCO's work on cultural diversity

To understand the concept of diversity of cultural expressions, we can look at the concept of
cultural diversity Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture, the global monoculture, or a homogenization of cultures, akin to cultural evolution. The term "cultural diversity" can also refer to having different cu ...
. The notion of cultural diversity is multifaceted and has been the subject of UNESCO's work since its inception. The
UNESCO Universal Declaration on Cultural Diversity The Universal Declaration on Cultural Diversity is a declaration adopted unanimously by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its thirty-first session on 2 November 2001. It c ...
elevates the concept of cultural diversity to the status of
common heritage of humanity Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heri ...
in its very first article:
Culture takes diverse forms across time and space. This diversity is embodied in the originality and plurality of identities that characterize the groups and societies that make up humanity. As a source of exchange, innovation and creativity, cultural diversity is as necessary for
human Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, ...
kind as
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic (''genetic variability''), species (''species diversity''), and ecosystem (''ecosystem diversity'') l ...
is for the living world. In this sense, it constitutes the common heritage of humanity and must be recognized and affirmed for the benefit of present and future generations.
Although it is non-binding, the UNESCO Universal Declaration on Cultural Diversity has considerable legitimacy and symbolic force because it was adopted unanimously by the member states of UNESCO. The
Convention for the Safeguarding of the Intangible Cultural Heritage The Convention for the Safeguarding of the Intangible Cultural Heritage is a UNESCO treaty adopted by the UNESCO General Conference on 17 October 2003. The convention entered into force in 2006, after thirty instruments of ratification by UNE ...
adopted in 2003 reiterates the concept of cultural diversity, this time within a binding legal instrument.


From cultural diversity to the diversity of cultural expressions

The diversity of cultural expressions is one aspect of cultural diversity that UNESCO is addressing. Cultural expression is seen as " mode of
communication Communication (from la, communicare, meaning "to share" or "to be in relation with") is usually defined as the transmission of information. The term may also refer to the message communicated through such transmissions or the field of inquir ...
hat A hat is a head covering which is worn for various reasons, including protection against weather conditions, ceremonial reasons such as university graduation, religious reasons, safety, or as a fashion accessory. Hats which incorporate mecha ...
fills a basic need in every
community A community is a social unit (a group of living things) with commonality such as place, norms, religion, values, customs, or identity. Communities may share a sense of place situated in a given geographical area (e.g. a country, village, tow ...
... a key element in the adaptation of different cultures to the transformations imposed by
globalization Globalization, or globalisation (Commonwealth English; see spelling differences), is the process of interaction and integration among people, companies, and governments worldwide. The term ''globalization'' first appeared in the early 20t ...
. The objectives of protecting and promoting the diversity of cultural expressions are part of the organization's mandate. In the context of the negotiations of the
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
, the concept of cultural expressions was born from the juxtaposition of the concepts of cultural content and
art Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wha ...
istic expressions. The original text read:
The term cultural expressions encompasses both the notions of cultural content and artistic expression and refers to the various ways in which cultural goods and services, as well as other cultural activities, can carry symbolic meaning or transmit cultural values. The cultural content of these goods, services and activities refers to the meaning or values thus conveyed. The artistic expression of these goods, services and activities refers to the cultural expression that results from aesthetic creativity or creation.
Five other options were proposed by the editorial board. Among these, we can mention the one that proceeds by
enumeration An enumeration is a complete, ordered listing of all the items in a collection. The term is commonly used in mathematics and computer science to refer to a listing of all of the elements of a set. The precise requirements for an enumeration (fo ...
:
OPTION 2: Cultural expressions are defined as the creative product of cultural initiatives intended to be presented to the public and which carry symbolic meanings or cultural values distinct from the commercial value of that product. This includes: (1) the product of individual creativity in the performing arts,
visual arts The visual arts are art forms such as painting, drawing, printmaking, sculpture, ceramics, photography, video, filmmaking, design, crafts and architecture. Many artistic disciplines such as performing arts, conceptual art, and textile arts al ...
and crafts; (2) sounds, images and texts in
film A film also called a movie, motion picture, moving picture, picture, photoplay or (slang) flick is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, feelings, beauty, or atmosphere ...
s, videos, sound recordings,
book A book is a medium for recording information in the form of writing or images, typically composed of many pages (made of papyrus, parchment, vellum, or paper) bound together and protected by a cover. The technical term for this physical arr ...
s,
magazine A magazine is a periodical publication, generally published on a regular schedule (often weekly or monthly), containing a variety of content. They are generally financed by advertising, purchase price, prepaid subscriptions, or by a combinatio ...
s, broadcast programs and other forms of media, including
multimedia Multimedia is a form of communication that uses a combination of different content forms such as text, audio, images, animations, or video into a single interactive presentation, in contrast to tradition ...
, whether already in existence or yet to be invented; and (3) collections and
exhibits An exhibition, in the most general sense, is an organized presentation and display of a selection of items. In practice, exhibitions usually occur within a cultural or educational setting such as a museum, art gallery, park, library, exhibitio ...
in
museum A museum ( ; plural museums or, rarely, musea) is a building or institution that cares for and displays a collection of artifacts and other objects of artistic, cultural, historical, or scientific importance. Many public museums make these ...
s,
art galleries An art gallery is a room or a building in which visual art is displayed. In Western cultures from the mid-15th century, a gallery was any long, narrow covered passage along a wall, first used in the sense of a place for art in the 1590s. The lon ...
and
libraries A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vir ...
, including the archives of a society's
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soci ...
.UNESCO, Avant-projet de convention sur la protection de la diversité des contenus culturels et des expressions artistiques, Paris, CLT/CPD/2004/ CONF.201.2 (2004), p. 40.
For the sake of simplicity and clarity, the concepts of cultural contents and artistic expressions were merged into cultural expressions. It was thus agreed that the terms culture and cultural diversity should be understood in their strict sense, i.e. in relation to the term cultural expressions, which should thus refer to a contemporary conception of cultural goods and services. The link between cultural diversity and diversity of cultural expressions is reflected in the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The Convention contains a definition of cultural diversity that reads as follows :
[cultural diversity refers to the multiplicity of forms in which the cultures of groups and societies find expression. These expressions are transmitted within and between groups and societies. Cultural diversity is manifested not only in the varied forms in which the cultural heritage of humankind is expressed, enriched and transmitted through the variety of cultural expressions, but also in the various modes of artistic creation, production, dissemination, distribution and enjoyment of cultural expressions, whatever the means and technologies used [...]
The last sentence refers to cultural expressions, which are a manifestation of cultural diversity. The 2001 Universal Declaration on Cultural Diversity states that the preservation of cultural diversity requires respect for fundamental human rights, particularly cultural rights. The 2005 Convention also recognizes this close relationship by articulating the principle of respect for
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and fundamental freedoms that " ltural diversity can only be protected and promoted if human rights and fundamental freedoms such as
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed." To ensure cultural diversity, the 2005 Convention commits Parties to adopt and implement measures to promote and protect cultural expressions. These measures take the form primarily of cultural policies. The Convention on the Protection and Promotion of the Diversity of Cultural Expressions sets out rights and obligations to protect and promote the diversity of cultural expressions. Article 5 recalls the sovereign right of States to formulate and implement their cultural policies. Article 6, which deals with the rights of Parties at the national level, presents a non-exhaustive list of cultural policies and measures that Parties may use to protect and promote the diversity of cultural expressions. Article 7 deals with measures to promote the diversity of cultural expressions. In implementing this article, Parties commit to taking "due account of the special circumstances and needs of women, as well as various social groups, including persons belonging to minorities and
indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
. Article 8 deals with measures to protect cultural expressions. This article applies in the case of "special situations where cultural expressions...are at risk of extinction, under serious threat, or otherwise in need of urgent safeguarding. The article indicates that a Party "may determine the existence of such situations" and, in this regard, may "take all appropriate measures to protect and preserve cultural expressions" under threat. These are therefore not binding obligations. However, when such measures are taken, the Party concerned is obliged to report to the Intergovernmental Committee for the Protection and Promotion of the Diversity of Cultural Expressions. This Committee may then make recommendations to the committee on the protection of cultural expressions. This Committee may then make such recommendations as it deems appropriate. The protection and promotion of the diversity of cultural expressions can also be achieved through cooperation measures. Articles 12 and 14 to 19 of the 2005 Convention set out the objectives of
cooperation Cooperation (written as co-operation in British English) is the process of groups of organisms working or acting together for common, mutual, or some underlying benefit, as opposed to working in competition for selfish benefit. Many animal a ...
and propose various mechanisms in this regard.


Traditional cultural expressions

The
World Intellectual Property Organization The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the list of specialized agencies of the United Nations, 15 specialized agencies of the United Nation ...
(WIPO) defines traditional cultural expressions through examples:
Traditional cultural expressions, also known as "expressions of
folklore Folklore is shared by a particular group of people; it encompasses the traditions common to that culture, subculture or group. This includes oral traditions such as tales, legends, proverbs and jokes. They include material culture, ranging ...
," may include
music Music is generally defined as the art of arranging sound to create some combination of form, harmony, melody, rhythm or otherwise expressive content. Exact definitions of music vary considerably around the world, though it is an aspect ...
,
dance Dance is a performing art form consisting of sequences of movement, either improvised or purposefully selected. This movement has aesthetic and often symbolic value. Dance can be categorized and described by its choreography, by its repertoir ...
,
art Art is a diverse range of human activity, and resulting product, that involves creative or imaginative talent expressive of technical proficiency, beauty, emotional power, or conceptual ideas. There is no generally agreed definition of wha ...
,
design A design is a plan or specification for the construction of an object or system or for the implementation of an activity or process or the result of that plan or specification in the form of a prototype, product, or process. The verb ''to design'' ...
s, names, signs and
symbol A symbol is a mark, sign, or word that indicates, signifies, or is understood as representing an idea, object, or relationship. Symbols allow people to go beyond what is known or seen by creating linkages between otherwise very different conc ...
s,
performance A performance is an act of staging or presenting a play, concert, or other form of entertainment. It is also defined as the action or process of carrying out or accomplishing an action, task, or function. Management science In the work place ...
s,
ceremonies A ceremony (, ) is a unified ritualistic event with a purpose, usually consisting of a number of artistic components, performed on a special occasion. The word may be of Etruscan origin, via the Latin '' caerimonia''. Church and civil (secular) ...
, architectural works,
handicraft A handicraft, sometimes more precisely expressed as artisanal handicraft or handmade, is any of a wide variety of types of work where useful and decorative objects are made completely by one’s hand or by using only simple, non-automated re ...
s and stories, as well as many other artistic or cultural expressions. Traditional cultural expressions: * can be considered as the forms of expression of the traditional culture; * are an integral part of the identity and heritage of a traditional or Aboriginal community; * are passed on from generation to generation. Traditional cultural expressions are an integral part of the cultural and social identity of indigenous and local communities, incorporating skills and techniques and conveying fundamental
values In ethics and social sciences, value denotes the degree of importance of something or action, with the aim of determining which actions are best to do or what way is best to live (normative ethics in ethics), or to describe the significance of dif ...
and
belief A belief is an attitude that something is the case, or that some proposition is true. In epistemology, philosophers use the term "belief" to refer to attitudes about the world which can be either true or false. To believe something is to take i ...
s. Their protection relates to the promotion of creativity, the enhancement of cultural diversity and the preservation of
cultural heritage Cultural heritage is the heritage of tangible and intangible heritage assets of a group or society that is inherited from past generations. Not all heritages of past generations are "heritage"; rather, heritage is a product of selection by soci ...
.
Although the definition is broad, some traditional cultural expressions do not fall within this framework. Traditional cultural expressions fall outside the scope of the
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
and the definition of cultural expressions set out in its Article 4. It is possible to address the issue of their protection and promotion using the concept of
cultural diversity Cultural diversity is the quality of diverse or different cultures, as opposed to monoculture, the global monoculture, or a homogenization of cultures, akin to cultural evolution. The term "cultural diversity" can also refer to having different cu ...
rather than
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
. This is a point of contact of the competences of
WIPO The World Intellectual Property Organization (WIPO; french: link=no, Organisation mondiale de la propriété intellectuelle (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishin ...
and
UNESCO The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture. It ...
, which is materialized through other international instruments such as the
Convention for the Safeguarding of the Intangible Cultural Heritage The Convention for the Safeguarding of the Intangible Cultural Heritage is a UNESCO treaty adopted by the UNESCO General Conference on 17 October 2003. The convention entered into force in 2006, after thirty instruments of ratification by UNE ...
, the
UNESCO Universal Declaration on Cultural Diversity The Universal Declaration on Cultural Diversity is a declaration adopted unanimously by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) at its thirty-first session on 2 November 2001. It c ...
and the Convention concerning the Protection of the World Cultural and Natural Heritage, as well as the model provisions adopted by both
institution Institutions are humanly devised structures of rules and norms that shape and constrain individual behavior. All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions a ...
s for the protection of expressions of folklore.


Elements often equated with cultural expressions

The concept of cultural expressions in the
Convention on the Protection and Promotion of the Diversity of Cultural Expressions Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
is limited to a specific aspect of cultural diversity, namely the elements generated by cultural industries, and many elements are mistakenly or misunderstood as such. Considerations of tangible and
intangible cultural heritage An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Int ...
as well as
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
rights are outside the scope of the 2005 Convention because of the specific definition of cultural expressions. Cultural expressions must also be distinguished from the
fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustai ...
components of freedom of expression,
information Information is an abstract concept that refers to that which has the power to inform. At the most fundamental level information pertains to the interpretation of that which may be sensed. Any natural process that is not completely random ...
and communication, and freedom of choice of cultural expressions, although they are, to some extent, interrelated. There is sometimes some confusion about the scope of application of three major UNESCO cultural conventions: the Convention concerning the Protection of the World Cultural and Natural Heritage, the Convention for the Protection of the Intangible Cultural Heritage, and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Performing arts (traditional
rite Rite may refer to: * Ritual, an established ceremonious act * Rite of passage, a ceremonious act associated with social transition Religion * Rite (Christianity), a sacred ritual or liturgical tradition in various Christian denominations * Cath ...
s and
dance Dance is a performing art form consisting of sequences of movement, either improvised or purposefully selected. This movement has aesthetic and often symbolic value. Dance can be categorized and described by its choreography, by its repertoir ...
s),
craft A craft or trade is a pastime or an occupation that requires particular skills and knowledge of skilled work. In a historical sense, particularly the Middle Ages and earlier, the term is usually applied to people occupied in small scale prod ...
s, and
cuisine A cuisine is a style of cooking characterized by distinctive ingredients, techniques and dishes, and usually associated with a specific culture or geographic region. Regional food preparation techniques, customs, and ingredients combine to ...
are more examples of
intangible cultural heritage An intangible cultural heritage (ICH) is a practice, representation, expression, knowledge, or skill considered by UNESCO to be part of a place's cultural heritage. Buildings, historic places, monuments, and artifacts are cultural property. Int ...
. On the other hand,
urban planning Urban planning, also known as town planning, city planning, regional planning, or rural planning, is a technical and political process that is focused on the development and design of land use and the built environment, including air, water, ...
and design are part of the world's cultural heritage, but do not qualify as cultural expressions within the meaning of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions.
Fashion Fashion is a form of self-expression and autonomy at a particular period and place and in a specific context, of clothing, footwear, lifestyle, accessories, makeup, hairstyle, and body posture. The term implies a look defined by the fashion in ...
,
advertising Advertising is the practice and techniques employed to bring attention to a product or service. Advertising aims to put a product or service in the spotlight in hopes of drawing it attention from consumers. It is typically used to promote a ...
and
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others ...
s certainly relate to the creative industries. However, without excluding the possibility that some components could be included in the definition of cultural expressions, they are not covered a priori. Author Rostam J. Neuwirth suggests that the fashion industry, as a creative industry, may be indirectly affected by the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The
archival An archive is an accumulation of historical records or materials – in any medium – or the physical facility in which they are located. Archives contain primary source documents that have accumulated over the course of an individual or ...
and
library A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vir ...
sectors are unique in that they were included in one of the options for defining cultural expressions suggested during the negotiations of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. These sectors are critical to the preservation of cultural expressions. These sectors are essential to the issues of preservation, dissemination and access, but are considered peripheral to the notion of cultural expression. Moreover, they are more in line with the objectives of sustainability of intangible cultural heritage than of vitality of cultural expressions. Recreational services,
sport Sport pertains to any form of Competition, competitive physical activity or game that aims to use, maintain, or improve physical ability and Skill, skills while providing enjoyment to participants and, in some cases, entertainment to specta ...
s and
game A game is a structured form of play (activity), play, usually undertaken for enjoyment, entertainment or fun, and sometimes used as an educational tool. Many games are also considered to be work (such as professional players of spectator s ...
s fall under the category of
leisure Leisure has often been defined as a quality of experience or as free time. Free time is time spent away from business, work, job hunting, domestic chores, and education, as well as necessary activities such as eating and sleeping. Leisure ...
and are not covered by the definition of cultural expressions. Some States qualify narrative
video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This fee ...
s as cultural expressions. Finally,
language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of met ...
does not constitute a cultural expression, but a means of conveying it or, on the contrary, a barrier limiting access to it. Language can therefore be the subject of measures aimed at promoting the circulation and creation of cultural expressions, such as language quotas.Convention de 2005, art. 6.2(b).


References

{{Reflist Culture Cultural heritage