Copying, Branding, and the Ethical Implications of Rights in Immaterial Cultural Goods

Abstract

Laws and regulations are important instruments for governing the relationships between people. In recent years, however, scholars have noted a growing judicialization, which concerns particularly immaterial cultural goods that are turned into intellectual and cultural properties. This chapter explores the implications of these regulations for the different actors involved, their moral responsibility and economic practices in the domains of branding and copying with examples of immaterial cultural goods from different African countries and from Austria. It argues that legal regulations that govern the use of immaterial cultural goods form part of the capitalist system. These regulations may be good for some and a hindrance for others. Piracy might damage the investments of an entrepreneur or artist in a brand or art work but might also help to secure the livelihood of other people and enhance the renown of products. Hence, it is important to analyze the perspectives and interests of individuals that are related to these economically important and ethically relevant activities.