Cultivate. 4 Questionnaire
Table of Contents
I: Institution
II: Collections and access tot the collections
III: Search and Access of the documentation of the collection
IV: Digitisation of the collection
V: Relations to source communities of Traditional Cultural Expressions
(TCE’s)
VI: Digitisation Projects in Traditional Cultural Expressions (TCE’s)
VII: Laws & Codes
VIII: Intellectual Property Issues
IX: Intellectual Property Issues and Traditional Cultural Expressions (TCE’s)
X. Contact person(s)/ email adresses
I) Institution
I. The Questions in Group I relate to general information, the mission statement and the historic background of the cultural heritage institution.
1.1 Official name / English name.*
1.2 Address / Place of Residence/URL.*
1.3 Rough sketch of the institutional history.*
1.4 Does the institution have a mission statement?
1.5 How is the institution funded?
II Collections and access to the collections
II. The questions in Group II focus on the collection(s) of the cultural heritage institution. Our aim is to be able to assess what are the main categories of objects and elements in the collection, and whether or not the collection(s) contain examples of manifestations of intangible cultural heritage ( ceremonic objects, registrations etc.) as in the UNESCO Convention on the Safeguarding of Intangible Cultural Heritage (
2003) : “ Traditions and living expressions inherited from our ancestors and passed on to our descendants, such as oral traditions, performing arts, social practices, rituals, festive events, knowledge and practices concerning nature and the universe or the knowledge and skills to produce traditional crafts.” This intangible cultural heritage is often expressed in Traditional Cultural Expressions or Expressions of

Folkore and can take any forms, whether tangible and intangible, in which traditional culture and knowledge are expressed, appear or are manifested. The Companion to this questionnaire contains a short glossary with the definition in use by the World
Intellectual Property Organisation (WIPO).
The final question on the access to the collection is important because it refers to any type of document that regulates the public access to the collection. This can be a document that is related to the origins of the institution, or a legal document by local, regional or national public law containing the tasks and/or the obligations of this particular institution, or this type of institutions. The last question refers to a legal document regulating the public access to the collection in the institution itself.
2.1 What is the history of the collection and its acquisitions?
2.2 What are the focal points in the presentation of the collection?
(time periods; stylistic developments; geographical regions; cultures ; etc.)
2.3 Does the collection contain examples of intangible cultural heritage (ICH) as defined in the UNESCO 2003 Convention?
2.5 Does the collection contain any Traditional Cultural Expressions?
2.6 Who owns the collection, or parts of it?
2.7 are there any works on loan in the collection?
2.8 Is the physical public access to the collection(s) of this cultural heritage institution regulated by any document, related either to the institution or to local , regional, or national public authorities? If affirmative, what type of document?
III) Search and Access of the documentation of the collection
The questions in Group III are to give an indication on the system of cataloguing and if there is a legal document regulating access to the documentation of the collection.
3.1
What is the access policy to the databases or catalogues documenting the collection?
3.2
What are the categories used to register items?
3.3
What type of information is included in these categories? (Circumstances of acquisition and/or in situ recording situation; provenience; provenance; contemporary cultural affiliations; cultural sensitivities, etc.)
3.4
Is there an in-house catalogue which is not open to the public?
3.5 Is the public access to the documentation of the collection(s) of this cultural heritage institution regulated by any document, related to the insitution or to local , regional, or national public authorities? If affirmative, what type of document?

IV Digitisation of the collection
Group IV of the questions relates to the digitisation of collections, and asks for information regarding the level of public access to these data and in how far these activities relate to large scale digitisation projects.
Is there any public access, or is part of the documentation only available for in-house staff? Is public access restricted to visitors on site, or can these data also be accessed on the internet? Is the institution involved in national or international inventory- activities of public cultural heritage collections or is the institution involved in any digitisation activities as in the Europeana project?
4.1 What are the institution activities/policies in the digitisation of the collection?
4.2 Has the institution acquired extra funding to enable digitisation of the collection?
4.3 Is there any public/private partnership involved in the digitisation of the collection?
4.4 Is the digital database expected to generate extra revenues for the institution, and to what extent?
4.5 What are the indexical search criteria? Are these offered on-line or in-house only?
4.6
Is access to the digital database restricted?
4.7
Is the institution involved in the preparation of inventories of Intangible Cultural
Heritage as provisioned by Article 12 of the UNESCO 2003 Convention?
Article 12 – Inventories
1. To ensure identification with a view to safeguarding, each State Party shall draw up, in a manner geared to its own situation, one or more inventories of the intangible cultural heritage present in its territory. These inventories shall be regularly updated.
4.8
Is the institution involved in the Europeana Project on the digitisation of cultural heritage?
V) Relations to source communities of Traditional Cultural Expressions (TCE’s).
Group V of the questionnaire contains the questions that relate to the origin of the collections.
Many ((although not all) of the cultural heritage institutions contain traditional cultural expressions, that may take any forms, whether tangible and intangible, in which traditional culture and knowledge are expressed, appear or are manifested. These expressions are of particular importance to the source communities, as these are the expressions of their cultural heritage.
5.1
Does the institution have contacts with source communities? And if so:
5.2
What projects has the institution been involved in with source communities?
5.3
Who took the initiative to these projects?
5.4
Are these projects expected to benefit the source communities?

5.5
In what ways do they benefit the institution?
5.6
How were the source communities participating in these projects identified?
5.7
To what extent, if any, do source communities participate in the institution’s governance, decision-making and policy setting?
5.8
To what extent do the IP-related concerns of these source communities with regard to access to, control over and ownership of ethnographic materials feature in institutions’ policies and practices? Are there any actual examples?
5.9
Does the institution operate under any general codified document governing its relationships with source communities?
VI) Digitisation Projects in Traditional Cultural Expressions (TCE’s)
Group VI of the questionaire relates to the digitisation of the collections containing TCE’s.
6.1 What are the institution’s current projects relating to digitization of TCE’s?
6.2 What is the purpose and objectives of the digitization efforts?
6.3 Has the institution asked for permission to the source communities to publish documented materials and make them available on the internet?
6.3 Do IP issues arise in these initiatives and if so how are they addressed?
VII Laws & Codes
Group VII of the questionnaire is to give an inventory of the legal background of the cultural heritage institutions. Information on the relevant international culture- IP- and Human Rights
Treaties are publicly available, and we can provide the answers to the questions marked with * ourselves. On our website you may find the major international databases, which als contain information on national law.
However, ther may be local, regional or national law which we do not have available. Also, there may be ‘soft-law’ instruments, like ethical codes for cultural heritage institutions. Any information, even if it is only an indication, on these type of instruments is welcome.
7.1 State and place of Residence of the Institution.*
7.2 What are the relevant international treaties IP?*
7.3 What are the relevant international treaties on the protection of cultural heritage?*
7.4 What are the relevant international treaties on human rights?*
7.4 What is the national law on IP, copyrightlaw/neighbouring rights/ databases/ trademarks.?*
7.5 What are the relevant national or regional codes related to the protection of cultural heritage? (museums; libraries; auctions; regional patrimony etc.)

VIII) Intellectual Property Issues
Group VIII of the questions targets the core of our research. Our project explores the relation between the functioning of public cultural heritage institutions and the ways in which intellectual property rights are instituted to give exclusive rights to private right holders. Therefore it is important to know if the institution has a general codified IP policy, or has identified any IP issues. Or maybe just deals with IP issues as they come along.
8.1 Has the institution identified any IP issues ( copyrights, neighbouring rights, trademarks, domain names) ? If affirmative, what are these issues and how are they managed?
8.2
Does the institution have a general codified IP policy aimed to regulate access by the public?
8.3
Are there any standard contractual arrangements in view of IP rights in case of acquisition of a work?
8.4
Is the public allowed to take photographs of the exhibited works in the collections?
8.5
Has the Institution registered any trademarks, and/ or domain names?
8.6
Does the institution have a copyright licensing policy?
8.7
If affirmative, what concerns are addressed and what balances are struck in this document?
8.8
Has the Institution a general codified IP policy aimed to regulate copyrights of artists and performers that are represented in the collection?
8.9
Does the institution have a history of dealing with intellectual property issues? If affirmative, have the issues and available options shifted over time?
8.10
Does the institution restrict the use of the digital documentation of its collections? If affirmative, can permissions be sought? How are these reviewed? What conditions must be met?
8.11
Does the institution use ad hoc contracts? Or does it operate under a general set of contracts?
8.12
Do IP options form part of the institution’s revenue activities, and if so, to what extent? What institutional operations are these revenues covering?
8.13
Would an IP guide including “best practices” in this field be of use and relevance to the particular institution in question?
IX) IP Issues and Traditional Cultural Expressions (TCE’s)
Group IX of the questionnaire concentrates on the IP issues related to the

documentation of TCE’s.
9.1
How are the IP rights in contemporary recordings and digitizations of TCE collections regulated?
9.2
Are they conceived and exercised in ways that are considered to benefit the communities involved in these TCE’s?
9.3
What relationships exist between this institutions and researchers, academics and fieldworkers involved in TCE’s relevant to the collection of the institution?
9.4 How are issues of ownership of and control over cultural materials addressed and regulated?
Not public information:
X) Contactperson(s)
Could you please give us the name or names of the
10. The contact person(s) that have been active in the response to ( parts of this) this questionnaire, including their email address(es).