Traditional Knowledge Laws: Chad

Subject Matter of Protection

Article 1

Under the present law:
16) "expressions of folklore" means productions consisting of characteristic elements of the traditional artistic heritage developed and perpetuated by a community of the Republic of Chad or by individuals who are unknown but are recognized as meeting the artistic aspirations of such community and including folk tales, folk poetry, folk songs and instrumental music, folk dancing and entertainments and also the artistic expressions of rites and productions of folk art.

Article 5 

The following shall be considered works of the mind under the present Law:
(15) expressions of folklore

Article 6

Translations, adaptations, transformations or arrangements of works of the mind and of expressions of folklore shall be protected under the present Law, without prejudice to the rights of the author of the original work. The same shall apply to the authors of anthologies or collections of various works, which by reason of the selection and arrangement of their contents, constitute intellectual creations.

Beneficiaries or Rightholders

Article 82

"Expressions of folklore" shall belong by their origin to the national heritage.

Article 86

The authorization of the Chadian Copyright Office provided for in Article 119 shall be granted against payment of a royalty, the amount of which shall be fixed in accordance with the conditions for the use of protected works in the same category. The proceeds of such royalty shall be managed by the Chadian Copyright Office and used for cultural or welfare purposes for the benefit of the communities of origin, authors and performers in Chad.  

Scope of Protection

Article 83

"Expressions of folklore" shall be protected by the present Law against illicit exploitation and other prejudicial actions.

Article 85

The following uses of "expressions of folklore" shall be subject to the authorization of the Chaidan Copyright Office, where they are carried out both for profit-making purposes and outside their traditional or customary context:
1 - any publication, reproduction and distributioni of copies of "expressions of folklore";
2 - any recitation or public performance, any transmission by wire or by wireless means, and any other form of communication to the public of "expressions of folkore".

Article 87

Copies of "expressions of folklore" and also copies of translations, arrangements and other transformations of such expressions produced without authorization or without being declared, as appropriate, may not be imported, exported or distributed.

Article 89

Any publication and communication to the public of an identifiable expression of folklore must indicate its source in an appropriate mannder, by mentioning the community and/or the geographical place from which the expression originates.

Article 90

"Expressions of folklore" developed and perpetuated in a foreign country shall be protected by the present Law, subject to reciprocity or on the basis of treaties or other agreements that are binding on the Republic of Chad.

Exceptions and Limitations

Article 88

The exceptions to copyright set out in this Law shall apply mutatis mutandis to "expressions of folklore".