Traditional Knowledge Laws: Sierra Leone

Subject Matter of Protection

Section 1(1)

In this Act unless the context otherwise requires
"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, metalware, jewelry, handicraft, costume and indigenous textile;

"folklore" means the literary, artistic and scientific work belonging to the cultural heritage of Sierra Leone which are created, preserve~ and developed by ethnic communities of Sierra Leone or by unidentified Sierra Leonean authors.

Beneficiaries or Rightholders

Section 26

Rights vested in the President on behalf of and in trust for the people of Sierra Leone in respect of folklore under section 9 exist in perpetuity.

Scope of Protection

Section 9(1)

An 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 utilized was derived.

Exceptions and Limitations

Sectioin 9(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 byway 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 the utilisation is compatible with-fair practice; or
(d) the incidental utilisation of expressions of folklore.