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Egypt Considers "Antiquities Copyright" Law
According to the chair of Egypt’s Supreme Council of Antiquities, Egypt is expected to pass legislation requiring royalty payments for making copies of ancient museum pieces or monuments (including the pyramids and the Great Sphinx). The royalties will be used to maintain Egyptian antiquities.
The details of the legislation are not clear. Apparently, Egypt intends the law to apply in all countries, which seems problematic at best. Upon what rights does Egypt intend to model such legislation? Copyright does not seem appropriate, given that it has certain underlying requirements (for example, an identifiable owner) and, perhaps more importantly, a limited duration.
That being said, the desire to prevent, or at least receive some benefit from, the commercial exploitation of a culture’s history and artifacts is not unique to Egypt. The city of Duncan on Vancouver Island recently passed a “Totem Copyright Policy” which purports to govern the use of images of the city’s many totem poles – an action which most likely shares the impetus behind Egypt’s contemplated law. And laws do exist in some countries which protect cultural property, at least to some extent. For example, the U.S. Indian Arts and Crafts Act of 1990 prohibits anyone from selling or offering to sell any art or craft product in a manner that falsely suggests it is Indian-produced, an Indian product, or the product of a particular Indian or Indian Tribe or Indian arts and crafts organization. This is an example of how more limited and focused legislation can provide some protection for cultural property. Whether Egypt’s broader approach will prove practical, useful, or even enforceable, remains to be seen.
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