Traditional Knowledge Laws: Algeria
Title | Copyrights and Neighboring Rights Act 2003 |
Subject Matter | Traditional Cultural Expressions |
Issue(s) | Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection |
Type(s) of Legislation | IP Law |
Subject Matter of Protection
Article 5
The following works shall also be protected:
- Collections and selections of works, collections of traditional cultural heritage and databases
whether reproduced on a medium capable of being utilized by a machine or in any other form, whose originality come from the selection of their materials or their order.
The protection of the derivative works' author shall be guaranteed without prejudice to the rights of the authors of original works.
Article 8
Works of traditional cultural heritage and national works considered as public property shall be granted special protection as provided for in the provisions herein.
Works of traditional cultural heritage shall consist of the following:
- Traditional classic music works,
- Musical works and popular songs,
- Popular expressive forms produced, developed and deep-rooted in the national community, and have the characteristics of traditional culture of a nation,
-Anecdotes, poems, dances and folklore shows,
-Works of popular arts such as drawings, oil paintings, sculptures, cravings, pottery and mosaic,
- Handcrafts on metal and wood, jewels, baskets, needle works, Zaraby tricot and textiles.
National works categorized under public property shall consist of literary or artistic works, whose terms of material right protection have expired in favor of their author and right holders, in accordance with the provisions herein.
Beneficiaries or Rightholders
Article 139
The National Bureau of Copyrights and Neighboring Rights shall protect works of public property and traditional cultural heritage.
Scope of Protection
Article 140
The utilization of works mentioned in Article 139 [works of public property and works of traditional cultural heritage] above shall be subject to a license from the National Bureau of Copyrights and Neighboring Rights.
However, if the utilization is profitable, the National Bureau shall receive a royalty to be calculated in proportion to the revenues or arbitrarily calculated as per the terms specified in the collection system thereof. The royalty mentioned in the previous paragraph shall be allocated to finance counting and maintaining works.
Article 141
The National Bureau shall control the extent of appropriate utilization of works provided for in Article 139 herein, and shall be free to reject or suspend each utilization that is detrimental thereto.
Article 142
Each user of works provided for in Article 139 herein shall respect the integrity of these works and shall be keen to notify them to public subject to the originality thereof.