Traditional Knowledge Laws: Djibouti

Subject Matter of Protection

Article 69 - Definitions

Under this Law:
(1)"expressions of folklore" means all literary, scientific and artistic works created by authors presumed to be of Djiboutian nationality, passed from generation to generation and constituting one of the basic elements of the Djiboutian traditional cultural heritage;
(2)"works inspired by folklore" means any work composed exclusively of elements borrowed from the Djiboutian traditional cultural heritage.

Article 4 - Derived works

The authors of translations, adaptations, transformations or arrangements of works of the mind of expressions of folklore shall enjoy the protection afforded by this Law, without prejudice to the rights of the authors of the original work.

The same shall apply to the authors of anthologies or collections of works, expressions of folklore or data such as databases, that, by reason of selection or arrangement of their contents, constitute intellectual creations. 

Beneficiaries or Rightholders

Article 70

Expressions of folklore shall belong originally to the national heritage.
(3) The proceeds from royalties shall be used for cultural and social purposes for the benefit of national authors.

Article 74

The collective management of rights provided for in this Law for authors, performers and phonogram producers or their successors in title, as well as the protection of works that have entered the public domain and expressions of folklore, shall be entrusted to the Office of Copyright and Neighbouring Rights.  

Scope of Protection

Article 70 

(2) Public performance and direct or indirect fixation of expressions of folklore with a view to exploitation for profit-making purposes shall be subject to prior authorization by the Office of Copyright and Neighboring Rights [...] against payment of a royalty, the amount of which shall be equal to 50 per cent of royalties received for the use of similar protected works.

Article 72

Copies of expressions and works of national folklore, as well as copies of translations, arrangements and other transformations of such works, made abroad without the authorization of the Office of Copyright and Neighboring Rights, may not be either imported or distributed on the national territory.

Article 73

Any user of expressions of folklore shall respect their integrity and ensure that they are communicated to the public with full respect for that integrity.

Exceptions and Limitations

Article 71 

The provisions of Article 70 above shall not apply when expressions of national folklore are used by a public entitty for nonprofit purposes. However, the public entity shall be required to make a declaration to the Office of Copyright and Neighboring Rights.