Traditional Knowledge Laws: Morocco

Subject Matter of Protection

Article 1 - Definitions

The terms used in this Law and their different alternatives shall have the following meanings:
(10) "Expressions of folklore" means productions of elements characteristic of the traditional artistic heritage developed and preserved on the territory of the Kingdom of Morocco by a community or by individuals recognized as meeting the traditional artistic expectations of this community and comprising:
      (a) popular tales, popular poetry and mysteries;
      (b) songs and popular instrumental music;
      (c) popular dances and shows;
      (d) productions of the popular arts such as drawings, paintings, sculptures, terracottas, potteries, mosaics, works on wood, metallic objects, jewels, textiles, costumes.
(11) "work inspired by folklore" is to be understood as any work composed with the aid of elements borrowed from the Moroccan traditional cultural heritage.

Article 3 - Works

This Law shall apply to the literary and artistic works (hereinafter "works") which are original intellectual creations in the literary and artistic field, such as:
(m) expressions of folklore and works inspired by folklore.

Article 5 - Derived works and Collections

The following shall also be protected as works and shall enjoy the same protection:
(a) translations, adaptations, musical arrangements and other transformations of works and expressions of folklore;
(b) collections of works, expressions of folklore or of simple facts or data, such as encyclopedias,  anthologies and databases, irrespective of whether they are reproduced on a machine-usable carrier or in any other form which, through the choice, coordination or arrangement of the subjects, constitute intellectual creations.

Article 1 - Definitions

(23)
“Performers” means actors, singers, musicians, dancers and other persons who perform, recite, sing, declaim, play or perform in any other manner artistic and literary works or expressions of folklore.

Scope of Protection

Article 7 - Protection of Expressions of Folklore

(1) Expressions of folklore shall be protected for the following uses, where those uses have a commercial aim or lie outside the conventional or customary framework:
      (a) reproduction;
      (b) communication to the public through representation, performance, broadcasting or cable transmission, or any other means;
      (c) adaptation, translation or any other modification;
      (d) fixation of expressions of folklore.

(3) In all printed publications, and in relation to any public communication of an identifiable expression of folklore, the source of this expression of folklore shall be indicated in an appropriate manner and in accordance with correct usage, by mentioning the name of the community or locality from which the expression of folklore used comes.

Exceptions and Limitations

Article 7 - Protection of expressions of folklore

(2) The rights granted in paragraph (1) shall not apply when the acts referred to in this paragraph relate to:
      (a) the use made by a natural person solely for personal reasons;
      (b) the use of short extracts for the purposes of reporting current events, to the extent justified by the object of the report;
      (c) use solely for direct teaching or scientific research purposes;
      (d) the cases where, under Chapter IV of Part I, a work can be used without the authorization of the author or rights' owners.