Subject Matter of Protection

Section 2 - Interpretation

"expression of folklore" means and comprises [...] a group-oriented and tradition based creations of groups or individuals reflecting the expectations of the community as an adequate expression of its culture and social identity, its standards and values as transmitted orally, by imitation or by other means, including -
(a) folktales, folk poetry and folk riddles; and
(b) folk songs and instrumental folk music; and
(c) folk dances and folk plays; and
(d) production of folk arts in particular drawings, paintings, carvings, sculptures, pottery, terra lotta, mosaic, woodwork, metal ware, jewellery, handicrafts, costumes and indigenous textiles.

Scope of Protection

Section 30 - Rights Protected

(1) Expressions of folklore are protected against -
(a) reproduction;
(b) communication to the public by performance, broadcasting, distribution by cable or by other means; and
(c) adaptation, translation and other transformation when such uses are made either for commercial purposes or outside their traditional or customary context.
(3) In all publications and in connection with any communication to the public of any identifiable expression of folklore, its source shall be indicated in an appropriate manner and in conformity with fair practice by mentioning the community or place from where the expression utilised is derived.

Exceptions and Limitations

Section 30 - Rights Protected

(2) subsection (1) shall not apply where acts referred to therein relate to -
(a) the use by a person exclusively for his own purposes; and
(b) using short excerpts for reporting current events to the extent justified by the purpose of providing current information; and
(c) the use solely for the purposes of face-to-face teaching or for scientific research.