How Copyright Laws Impact the Right to Preserve and Access Memories
In recent years, the conversation surrounding the preservation of cultural heritage and the law surrounding public monuments has gained significant attention, particularly in conflict regions. One such example is the “We Are Our Mountains” monument in Artsakh (Nagorno-Karabakh), an iconic emblem of the region’s Armenian cultural identity, currently at risk amidst geopolitical tensions between Armenia and Azerbaijan.
This monumental sculpture, also colloquially known as “Tatik-Papik” (Grandma and Grandpa), was created in 1967 by Armenian artist Sargis Baghdasaryan and has since become a cultural symbol for the indigenous Armenians of Artsakh. It depicts an elderly couple, representing the deep-rooted connection the people have with their land and heritage. The resilience shown by these figures in the artwork parallels that of the Armenian community who have withstood centuries of occupation, conflict, and displacement.
### Background of the Conflict
Since the dissolution of the Soviet Union in 1991, the Nagorno-Karabakh region has been a focal point of conflict between Armenia and Azerbaijan. Armenians in Nagorno-Karabakh declared their independence from Azerbaijan, voting in a referendum for the establishment of the Republic of Artsakh. Although unrecognized by most countries, the people of Artsakh have operated autonomously for decades. However, tensions with Azerbaijan have periodically erupted into military conflict. Most recently, in late 2022–2023, Azerbaijan launched military offensives, displacing thousands of indigenous Armenians from the region.
The human toll of this conflict has been staggering, but just as alarming is the systematic destruction of Armenian religious, cultural, and historical sites. This continues to be Azerbaijan’s broader policy, which experts liken to cultural genocide. Azerbaijani forces have intentionally destroyed or heavily modified Armenian churches, monuments, and cemeteries, erasing physical remnants of Armenian existence in the contested territory. The effects of these actions extend far beyond tangible cultural objects — they interfere with the ability of displaced populations to recall their heritage and sense of place.
### The Symbolism of the “We Are Our Mountains” Monument
Against this backdrop, the “We Are Our Mountains” monument has remained a powerful symbol of Armenian resistance and resilience. It stood tall throughout the Artsakh independence movement, becoming a celebrated figurehead on the coat of arms of the Republic of Artsakh. At once stoic and welcoming, the elderly couple depicted in the monument symbolizes the region’s inseparable bond with its people. Situated on a hill above Stepanakert, the capital of Artsakh, the monument has long been a visual testimony to the Armenian people’s ties to their ancestral homeland.
However, recent reports indicate that the surrounding region’s shifting political geography and Azerbaijani occupation threaten the physical existence of the monument. While it has yet to be destroyed, Azerbaijani propagandists have appropriated and distorted its meaning, twisting historical narratives for their own political gain. Rather than seeing it as a symbol of Armenian heritage, some Azerbaijani figures have tried to claim cultural ownership of the monument, presenting it as evidence of their forced regional dominance.
### Copyright Law and Freedom of Panorama — What Went Wrong?
More recently, issues pertaining to copyright law and public access to images of the monument have surfaced. Wikimedia Commons, a platform that hosts free-to-use media files, has faced challenges in hosting photographs of the “We Are Our Mountains” monument due to complex legal entanglements related to Freedom of Panorama.
Freedom of Panorama refers to an exception in copyright law that allows for photographs or videos of public works, such as sculptures or buildings, to be freely captured and distributed. However, this freedom is not universal across all jurisdictions. Azerbaijan, for instance, enforces strict copyright provisions in its region, which have resulted in restrictions on the display of artistic works — like “We Are Our Mountains” — when the work itself becomes the principal subject of a photograph. While the sculptor Sargis Baghdasaryan passed away long ago, the legal question revolves around whether his estate still holds copyright privileges over the monument.
Wikimedia faced pressure to remove existing photographs of the monument from its repositories, particularly since the shifts in territorial control placed it under Azerbaijan’s legal jurisdiction. Critics argue that Azerbaijan’s motives are more than just benign legal procedures — they point to this as part of a larger strategy to erase Armenian ownership and narrative over their cultural sites in Nagorno-Karabakh.
### Cultural Erasure and Its Consequences
The forced removal of Armenians from their ancestral territories is troubling not only from a humanitarian perspective but also from a heritage standpoint. Monuments like “We Are Our Mountains” represent more than mere stone and sculpture; they are monuments to memory, identity, and belonging. The deliberate dismantling or distortion of these symbols exacerbates the trauma of displaced populations, especially as they struggle to find a connection to their roots through art and heritage.
Moreover, Azerbaijan’s attempts to alter historical names of cities and streets