|TPP & Culture|
TPP Colloquium: Culture
by Jock Given, Institute for Social Research, Swinburne University, Melbourne
Australia’s position on audiovisual and cultural goods and services ranges from agreements preserving extensive powers to implement and adapt policy measures to agreements preserving much more limited powers:
Australia reserves the right to adopt or maintain any measure with respect to:
- the creative arts, cultural heritage and other cultural industries, including audiovisual services, entertainment services and libraries, archives, museums and other cultural services;
- broadcasting and audiovisual services, including measures with respect to planning, licensing and spectrum management, and including:
. services offered in Australia;
. international services originating from Australia.
‘Creative arts’ include: the performing arts – including theatre, dance and music – visual arts and craft, literature, film, television, video, radio, creative on-line content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid arts work which uses new technologies to transcend discrete artform divisions.
‘Cultural heritage’ includes: ethnological, archaeological, historical, literary, artistic, scientific or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions.
The 'Project Blue Sky' case in the 1990s was a key one in terms of Australia, New Zealand and a common market for media and communications services.
The global market for cultural goods and services
Domestic films’ share of box office in Australia and selected other countries, 2001–2007
NZ: Percentages of total local content hours by channel, 2003-2008 (NZOA 2009)
Total value of trade in royalties from imports and exports of cinema films, TV content and video, 1991/92–2005/06
Value of Australian imports and exports of digital media, 1996/97–2005/06
Issues for cultural policy
Emerging issues and perspectives
To what extent are these and other emerging issues and perspectives captured in the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions? And what role might it play in trade negotiations?
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Adopted by UNESCO October 2005, entered into force 18 March 2007
98 parties at 15 June 2009, out of 193 members and 6 associates:
Seeks to strengthen cultural creation, production, distribution, access and enjoyment of cultural expressions as conveyed by cultural activities, goods and services. In particular:
One of the ‘three pillars of the preservation and promotion of creative diversity’, with the Convention concerning the Protection of the World Cultural and Natural Heritage (1972) and the Convention for the Safeguarding of the Intangible Cultural Heritage, this Convention (2003).
Detailed provisions and relationship to trade agreements …
International Fund for Cultural Diversity
Given, J. 2004, ‘“Not unreasonably denied”: Australian content after AUSFTA’, Media International Australia, no. 111(May), pp. 8-22.
Malbon, J. 2004, ‘The Australia-United States Free Trade Agreement: trade trumps indigenous interests’, Media International Australia, no. 111(May), pp. 34-45.
NZ On Air 2009, New Zealand Television Local Content 2008, Wellington: NZOA (April).
O’Regan, T. 2004, ‘The utility of a global forum: UNESCO’s significance for communications, culture and ICTs’, Media International Australia, no. 111(May), pp. 63-80.
Project Blue Sky:
Australian Broadcasting Authority v Project Blue Sky Inc & Ors  FCA 1087 (12 December 1996) [Full Court]
Project Blue Sky Inc, Top Shelf Productions Ltd, Communicado Limited, South Pacific Pictures Limited, Gibson Group Limited and Frame Up Films Ltd v Australian Broadcasting Authority  FCA 1675 (2 August 1996)
Screen Australia 2008, Flexible Vision v.2.0: a compendium of new and emerging content delivery platforms and government interventions, Sydney: Screen Australia.
Smiers, J. 2004, A convention on cultural diversity: from WTO to UNESCO’, Media International Australia, no. 111(May), pp. 81-96.
UNESCO 2005, ‘Ten Keys to the Convention on the Protection and Promotion of the Diversity of Cultural Expressions’, UNESCO, Paris.
UNESCO 2005, Convention on the Protection and Promotion of the Diversity of Cultural Expressions, Paris: UNESCO (20 October).
Voon, T. 2007, Cultural Products and the World Trade Organisation, Cambridge: Cambridge University Press
|Last Updated on Tuesday, 16 March 2010 02:07|