That's almost a certainty if the patents are too broad and aren't based on true innovations upon, but rather confiscations of, existing heritage forms.
Even entertaining the question of takers' "rights" departs from the ethos of cultural heritage. (Makers' rights is another question.)
China Art Institute researcher Yuan Li points out: "Intangible cultural heritage is regional, which means it belongs to many people in a specific area. Patents are exclusive. That runs against tradition and intangible cultural heritage's essence."
The country should look to how this question is playing out in other parts of the world to develop the best management - especially since other parts of the world may start claiming rights to China's cultural heritage.
Exhibit A: Time Warner Inc's Warner/Chappell Music is being sued by Good Morning to You Productions Corp to demand a refund of the $1,500 licensing fee it paid the corporation, the copyright owner of Happy Birthday to You - listed in the 2008 Guinness Book World Records of as the most recognized English-language song - contending the traditional tune belongs to the public domain.
Media report Warner claims exclusive rights to "every use in film, television, radio, anywhere open to the public, and for any group where a substantial number of those in attendance are not family or friends" and earned $2 million from the song in 2008.
Star Stefanie Sun holds concert in Beijing
