Traditional Knowledge Laws: Cape Verde

Subject Matter of Protection

Article 6 - Other Definitions

The following are the definitions for the purposes of this Law:
(i)"works of folklore" - body of works created within the territory of the Republic of Cape Verde by anonymous authors or those identity is unknown, passed down by successive generations and which constitute one of the fundamental elements of the cultural and traditional heritage of Cape Verde.

Article 7 - Original works

(4) The following works, among others, shall be the subject of copyright:
(m) works of folklore.

Article 8 - Derived works

In addition to original works, the following shall also be protected, without prejudice to the rights of the authors of original works:
(d) works inspired by national folklore.

Beneficiaries or Rightholders

Article 15(1) - Works of folklore

Ownership of copyright in works of Cape Verdean folklore shall belong to the State, which shall exercise it through the Government department responsible for the culture sector, without prejudice to the rights of those who collected, transcribed, arranged or translated them, as long as those collections, transcripts, arrangements or translations are original and respect authenticity.

Scope of Protection

Article 15(2) - Works of folklore

Copies of Cape Verdean folklore works as well as the respective transcripts, translations, arrangements or other alterations, reproduced or carried out abroad without the authorization of the competent authority, may only be imported or distributed in the territory of the Republic of Cape Verde by authorization of the government department responsible for culture.

Exceptions and Limitations

Article 34 - Public domain

(2) The following shall fall into the public domain:
(c) works of folklore
(4) The use and exploitation, for financial gain, of works in the public domain shall be free as long as such use is subordinate to absolute respect for the moral rights, on the previous authorisation of the member of Government responsible for culture and the payment of a fee to be set by the members of Government responsible for culture and finance, with the purpose of promotion and cultural development and social assistance to Cape Verdean authors.