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Colleagues, 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-- http://www.wipo.int/tk/en/culturalheritage/index.html 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 +++++*********************************************************************+++++ Professor 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: http://www.ischool.utexas.edu/~ifican Convener, IFLA, Library Services to Multicultural Populations, Special Interest Group on Indigenous Matters Trustee, LeRoy C. Merritt Humanitarian Fund. Find out more at merrittfund.org