Traditional Knowledge Laws: Gambia

Subject Matter of Protection

Section 2 - Interpretation

"expression of folklore" means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means, including
(a) folktale, folk poetry and folk riddle;
(b) folk song and instrumental folk music;
(c) folk dance and folk play; and
(d) production of folk art, in particular, drawing, painting, carving, sculpture, pottery, terra­cotta, mosaic, woodwork, metal ware, jewelry, handicraft, costume and indigenous textile;

"folklore" means the literary, artistic and scientific work belonging to the cultural heritage of the Gambia which are created, preserved and developed by ethnic communities of the Gambia or by unidentified Gambian authors.

Section 6 - Derivative works eligible for copyright

(1) The following derivative works are also protected by copyright -
      (b)  collection of works, collection of mere data (database), whether in machine- readable or other form, and collections of expressions of folklore if the, collection is original by reason of the selection or arrangement of their contents.
(2) The protection of a work referred to in subsection (1) is without prejudice to any protection of a pre-existing or utilized for the making of the work.

Beneficiaries or Rightholders

Section 26 - Duration of folklore in copyright

The rights vested in the Secretary  of State on behalf of and in trust for the people of The Gambia in respect of expression of folklore under section 8 existing in perpetuity.

Scope of Protection

Section 8 - Expressions of folklore protected

(1) Expression of folklore is protected by copyright under this Act against
      (a) reproduction;
      (b) communication to the public by performance, broadcasting, distribution by cable or other means; and
      (c) adaptation, translation and other transformation, when the expression is made either for commercial purposes or outside a traditional or customary context.
(3) The source of an identifiable expression of folklore shall be indicated in all printed publications, and in connection with any communications to the public, in an appropriate manner, and in conformity with fair practice, by mentioning the community or place from where the expression utilised was derived.

Exceptions and Limitations

Section 8 - Expressions of folklore protected

(2) The protection conferred in subsection (1) does not include the right to control­
      (a) the doing of any of the acts by way of fair dealing for private and domestic use, subject to the condition that, if the use is public, it shall be accompanied by an acknowledgement of the title of the work and its source;
      (b) the utilisation for purposes of education, utilisation by way of illustration in an original work of an author, provided that the extent of such utilisation is compatible with fair practice;
      (c) the borrowing of expression of folklore for creating an original work of an author, provided that the extent of such utilisation is compatible with fair practice; or
      (d) the incidental utilisation of expressions of folklore.