A subcommittee of the ALA Presidential Task Force on Traditional Cultural 
Expression has drafted definitions upon which the Task Force will base its 
subsequent work. The Task Force will discuss the definitions in a 
conference call on 27 September 2010.

An excerpt is attached, below. JESSE does not accept attachments and 
this document includes a figure. If you would like a full copy of the 3300 
word document, just email me privately and I will send you a full copy.
Feel free to send me any comments.

In terms of initialisms, TCE refers to traditional cultural 
expression/s; TK refers to traditional knowledge; WIPO is the World 
Intellectual Property Organization; IP refers to intellectual property.

"Initial Analysis-Libraries, WIPO, & TCEs

A narrow focus on TCEs , especially the core folkloric performances (hence 
a subset of the larger category of TK, and one that would have fewer 
direct cultural property implications), can greatly simplify the work of 
the Taskforce.  In terms of cultural institutions, TCE's are more relevant 
to the archival and museum functions than library management functions. 
With the possible exception of material culture artifacts, Libraries 
should expect limited exposure to TCEs per se.  The exercise below 
deconstructs that environment for possible levels of Library involvement 
and informing the WIPO initiative.
1.	Forums--Libraries with Traditional Groups in their collection 
scope and/or service populations may provide forums for TCE performances. 
If so, the Library is advised:
"	Reach out to the Group and qualified scholars.
"	Be aware of potential religious and cultural sensitivities or even 
taboos and audience limitations may come into play.
"	Ensure staff cultural expertise in these matters and/or seek input 
from experts in the allied archival and museum fields, as well as to 
efforts like WIPO's Cultural Heritage Project--
2.	Performance Capture-Archival functions: A Library with original 
recordings of TCE performances and related artifacts in their possession 
or collecting scope-especially, those filming, taping or otherwise 
capturing TCE performances at its forums-should engage similar analysis 
and outreach.  Operations, however, are archival in nature. They come with 
heightened stewardship and preservation concerns. TCE presence thus 
strengthens the importance of staff expertise and extending inquiries to 
archival media specialists and folklore/anthropological archivists in 
particular. In addition to WIPO's concerns for responsiveness to the 
cultural sensitivities of the Group, this context may bring contractual 
relations with Donors and. The Library thus will encounter access and 
intellectual freedom interpretations that differ from traditional 
right-of-sale for published materials and the ethics of the field. 
Collecting institutions should consider:
"	Both individual performer and Group intellectual property rights 
may come into play and require assurances of payment.
"	Donor's restrictions may be applicable, but should be negotiated 
with an awareness of the Group's interests.
"	The sensitive nature of certain TCEs may recommend partnerships 
with the Group. Such ventures could involve placement of access 
restrictions-even to limiting access to members of the Group.
"	Mounting TCE events in real time or as captured documentation on a 
Web site should be understood as a form of publication. It must take such 
rights into consideration.
3.	Material Cultural Artifacts-Museum functions: As with performance 
capture, stewardship concerns rise.  Outreach to museum and preservation 
specialist is recommended, as well as appropriate relations with the 
Traditional Group.  Additional considerations include:
"	Cultural Property and sensitivity questions, which extend to 
display and possible ownership issues.
"	IP rights of the creating artist and the possibility of Group 
rights may come into play.
4.	Published Materials: Finally, Libraries will primarily engage the 
concept-albeit not the actuality-of TCEs in their traditional roles as 
managers of published documentation. Librarians must be responsive to the 
central Intellectual Freedom tenets of their profession, but still 
sensitive to cultural inferences and potential implications under proposed 
WIPO extensions to Copyright Law.  A library with books and media 
collections helping to document TCEs is hence similarly encouraged to 
engage the Traditional Groups. Those with a specific collection mandate 
and staff expertise should also proactively offer cooperation and forums 
for the promotion of TCEs."

Loriene Roy
School of Information, The University of Texas at Austin
1616 Guadalupe St., Suite #5.202
Austin, TX 78701-1213

Phone: (512) 471-3959; Fax: (512) 471-8285
E-mail: [log in to unmask]

Project Director, "If I Can Read, I Can Do Anything", a national reading
 	club for Native children:
Convener, IFLA, Library Services to Multicultural Populations, Special Interest Group on Indigenous Matters
Trustee, LeRoy C. Merritt Humanitarian Fund. Find out more at