From Landscape to Spectacle:A Further Discussion on the Attraction Property Rights in the Digital Age
In the era of the attention economy,traditional culture and landscape have been commercialized to create an attraction asset with both cultural and economic attributes.Owing to the intrinsic nature of collectively creating traditional culture and landscape,the law of intellectual property rights is limited when protecting the cultural property rights of indigenous holders.With the digitalization of cultural attractions,conflicts arise regarding who has the right to control and distribute earnings from the commercial use of cultural and tourist attractions.There is an urgent need to establish a new governance system to protect the property rights of cultural asset holders.Following a review of international research progress and related disputes about protecting cultural property rights,this study analyzes the reasons for the legal framework of intellectual property rights being limited when protecting collectively created indigenous cultural assets.This paper extends the concept of tourism attraction property rights into a more extensive concept of attraction property rights;it clarifies the complementary relationship between attraction property rights(APRs)and intellectual property rights.This study then examines the necessity for legislation,practical feasibility,and importance when establishing APRs from the perspective of the interchangeable interest relationship between APRs and the rights to watch and enjoy landscapes.From the above analysis,this paper presents the conditions,principles,and institutional basis for creating and applying APRs.Finally,it discusses the data ownership issues of real attractions'digital twins and advocates strong local government involvement to protect indigenous cultural property.Local governments need to change their roles from administers and planners to custodians and promoters of local traditional knowledge and culture property;they should facilitate the registration and circulation of digital heritage assets.This study expands the concept of tourist APRs and contributes to a deeper understanding of the applicable conditions,principles,and institutional advantages of APRs.It provides a legal solution for dealing with property disputes when protecting traditional knowledge and culture heritage as well as with relevant data property disputes in a future digital society.It thus helps to promote the integration of culture and tourism toward forming an institutional basis for the development of digital culture and tourism in an appropriate manner.Legislating for APRs in China could make a positive institutional contribution to the world with respect to cultural protection and knowledge governance.
cultural propertyattraction propertyintellectual propertythe right to watch and enjoy landscapesdigital simulationdata asset
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