Subject Matter of Protection

Section 2

(9) "works derived from folklore" shall be ones based on facts and ideas borrowed from the traditional cultural heritage of the country.

(10) "folklore" shall mean all productions involving aspects characteristic of traditional cultural heritage, produced and perpetuated by a community or by individuals who clearly reflect the expectations of such community, comprising particularly folk tales, folk dances and shows, as well as artistic expressions, rituals and productions of popular art;

Section 4

(2) the following shall be protected as composite works, without prejudice to the copyright in in the already existing work:
(b) collections of works, including those which express folklore or simple facts or data, such as encyclopedias, anthologies, compiled data, which are reproduced either on machine-readable mediums or any other form which, by the choice or arrangement of their contents, constitute original works;
(c) folklore-inspired works.

Beneficiaries or Rightholders

Section 5(1)

Folklore shall belong originally to the national cultural heritage.

Scope of Protection

Section 5(3)

Its [folklore's] representation, direct or indirect fixation for profit-making purposes shall be subject to prior authorization from the service in charge of culture, in return for payment of royalty whose amount shall be fixed by statutory instrument following the conditions applicable in each of the categories of creation considered.

Exceptions and Limitations

Section 5(2)

The representation or direct or indirect fixation of folklore for private purposes shall be allowed.