Subject Matter of Protection

Section 2. 31 - Protection of expressions of folklore

(2) In the application of sub-section (1), in particular, the following are considered to be "expressions of folklore":
a. folk tales, folk poetry, riddles;
b. folk songs and instrumental folk music
c. folk dances, plays and artistic forms or rituals;
d. production of folk art, in particular, drawings, paintings, carvings, sculputres, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket, costumes;
e. traditional musical instruments.

Section 2.2 - Subject matter of copyright

(1) Copyright protection subsists, in accordance with this chapter, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device. Works of authorship shall include literary, dramatic-musical and artistic works and, in particular:
(k) work inspired by expressions of folklore;
(l) translations, adaptation, arrangements and other transformations of the literary, dramatic-musical and artistic works and works inspired by folklore (derivative works).

Scope of Protection

Section 2.31 - Acts against which expressions of folklore are protected and the limitations of such protection

(1) Expressions of folklore are protected against infringement when such acts are made with both gainful intent and outside their traditional or customary context.
(4) In all printed publications, and in connection with any communications 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 and/or geographic place from where the expression utilized has been derived.
(5) The right to authorize acts referred to in sub-section (1) lies with the Minister of Information.

Exceptions and Limitations

Section 2.31 - Acts against which expressions of folklore are protected and the limitations of such protection

(3) The limitations mentioned in Sections 2.7, 2.9, 2.10 and 2.11 apply to the rights referred to in sub-section (1). Furthermore, sub-section (1) does not apply in the following case:
(a) utilization for the purposes of education;
(b) utilization by way of illustration in an original work of an author or authors, provided that the extent of such utilization is compatible with fair practice;
(c) borrowing expressions of folklore for creating an original work of an author or authors, provided that the extent of such utilization is compatible with fair practices;
(d) incidental utilization of expressions of folklore.