Protecting Intellectual Property

Regional Arts Festival Set for Guam in 2016

In 2016, Guam will host the Festival of the Pacific Arts, a regional festival showcasing the diversity of arts and performances from over two dozen island nations and territories throughout the Pacific. The Festival of the Pacific Arts, or FESTPAC as it is known on Guam, originated from an effort to preserve and develop local art forms and to celebrate and share cultural heritage. It also provided a means of passing on traditional and cultural knowledge from one generation to the next. The first festival was held in Fiji in 1972, and has been hosted by a different island every four years. Guam sent a delegation to the most recent 11th Festival in 2012 in the Solomon Islands, which had over 2,500 participants from 24 different islands including Palau, Fiji, Hawaii and American Samoa. The 2016 festival will be the first time Guam will host this prestigious event.

As the host, Guam will choose what kinds of events to highlight, although traditional performances, arts and craft displays and demonstrations, music and story-telling are often part of the many activities available for participants. The festival represents an important and exciting opportunity to highlight cultural identity and heritage among a diverse group of Pacific islanders, many of whom share a colonial past and have felt its impact on traditional practices and lifestyles. In addition to the artists, there are many other people who visit during the course of the festival to see the various performances and demonstrations and to learn about the arts and rich traditions of the people of Oceania. Guam artists who participate in FESTPAC 2016 are encouraged to share their knowledge about history and culture in addition to their creative and artistic expressions in its myriad of forms. The Guam Council on the Arts and Humanities Agency (CAHA) is spearheading the organization of FESTPAC 2016, as well as organizing workshops to assist local artists, artisans and other cultural producers to tell the story behind their work. The first workshop, Cultural Design with History in Mind, was held in February 2013 and focused on finding inspiration in traditional Chamorro designs and motifs evidenced on material culture of the Mariana Islands.

The second workshop, Intellectual Property, was presented on 10 August 2013 at the Guam Council on the Arts and Humanities Agency (CAHA) gallery in Hagåtña. The workshop featured presentations by Attorney Vince Camacho from Carlsmith Ball, LLP; Monique Storie, Interim Director of the Micronesian Area Research Center (MARC); Robert Tupaz, a representative from Speaker Judith Won Pat’s office at the Guam Legislature; and Leo Babauta, a popular blogger and author from Guam now based in San Francisco. The goal of the workshop was to provide information about intellectual property rights and protections as they can be applied to artists and other cultural works. The term intellectual property refers to the property of one’s mind or proprietary knowledge and can be a trademark, an invention, a design or the practical application of one’s idea. A useful knowledge of intellectual property rights can help artists understand how their work can be protected or effectively marketed. The various topics covered in the workshop included legal definitions, the use and protection of archival materials, proposed legislation to create a Guam trademark commission, and an innovative approach called uncopyrighting.

Protecting Intellectual Property

Vince C. Camacho, Esq., Carlsmith Ball, LLP

Attorney Vince Camacho gives an overview of intellectual property (IP) and the legal rights that protect IP and culturally produced works. Camacho discusses issues surrounding copyrights, trademarks, and patents as forms of protection that are available in Guam and the United States. He presents the advantages of registering a copyright or a trademark, as well as the exceptions and limitations, such as fair use and education.

Vince C. Camacho e-Publication


Download presentation here.

Bill 156-32

An Act to Create a Guam Trademark Commission and a Cultural Trademark Statute
Robert Tupaz, Office of Speaker Judith Won Pat

Robert Tupaz from the Office of Speaker Judith Won Pat, 32nd Guam Legislature, provides an overview of proposed legislation to create a Guam Trademark Commission. The commission, if approved, will be tasked with developing policy and procedures for the registration of a Guam Trademark, while facilitating the registration of trademarks at the federal level for Guam residents. The commission represents the first step in establishing a Guam Trademark that will ensure protections to Chamorro cultural arts and productions.

Bill 156-32

Download Bill No. 156-32 here.

Art & the Archives

Intellectual Property Rights in the Library and Archival Settings
By Dr. Monique Storie, Interim Director

Dr. Monique Storie from the Micronesian Area Research Center (MARC) discusses the use and protection of archived materials at MARC and offers suggestions for using archived sources for research and creative inspiration. She also presents information for artists who may be interested in donating or archiving their work with MARC and similar archiving institutions.

Monique Storie e-Publication


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Why You Should Consider Uncopyright for Your Art

By Leo Babauta, author/blogger, Zen Habits

Author and blogger of zenhabits.net, a blog dedicated to helping people improve their lives by finding and embracing simplicity, Leo Babauta presents an alternative to copyrights, trademarks and other legal protections: uncopyright. Inspired by open source software practices, Babauta explains that uncopyrighting removes the barriers that keep people from sharing their work and generating new ideas. Babauta demonstrates how using this approach has helped him reach broader audiences through the Internet and to focus on creating the things he wants to create.

Leo Babauta e-Publication


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Summary Workshop Report e-Publication

Written and presented by Guampedia.com

Download Summary here.