ABSTRACT
Governments may decide that it is in the public interest to intervene in culture because of the challenges culture faces and the values culture contributes. To do this, a variety of policy tools or instruments might be used. Some are instruments to regulate culture, others to ensure its provision. This chapter focuses on regulation. Regulations are rules established by government agencies. They are binding; in that sense, regulations do not differ from laws and legislation. However, where law is established in the courts and legislation is established in Congress and the legislatures, regulation is established in government agencies. Sometimes the term regulation is used narrowly to refer to the particular sets of rules through which agencies translate legislation into detailed and targeted specifications for compliance. However, the term also can be understood more broadly to encompass the many instruments that a government agency promulgates in order to achieve its mandate. Here, the term is used in that broader sense. Culture unfolds in contexts fundamentally structured by regulations that govern an enormous range of activities, from maintaining a public venue to enabling access for those with disabilities to providing safe comestibles to properly disposing of waste. This regulatory environment affects all sorts of activities, shaping culture in an indirect way. The four key instruments used by government to regulate culture in direct ways include: certification, standards and bans, licensing and permits, and planning. (Regulations often take the form of direct interventions in pricing. However, price interventions rarely are a part of the government regulation of culture in the U.S.)
