Traditional Knowledge Laws: Peru

Subject Matter of Protection

Article 2

For the purposes of this Law, the expressions that follow, and the various derived forms thereof, shall have the meanings specified:
(2) performer: the person who acts, sings, reads, recites, interprets or in any form executes a literary or artistic work or an expression of folklore, including variety and circus performers;
(12) expressions of folklore: productions of characteristic elements of the traditional cultural heritage, consisting of the whole range of literary and artistic works created on the national territory by unknown or unidentified authors presumed to be nationals of the country or members of its ethnic communities, which are handed down from generation to generation in such a way that they reflect the traditional artistic or literary aspirations of a community;

Article 5

Protected works shall include the following:
(l) anthologies or compilations of various works or expressions of folklore, and data bases, provided that the said collections are original in the selection, coordination or arrangement of their contents;

Article 6

Without prejudice to the rights subsisting in the original work and the corresponding authorization, the following shall also enjoy protection as derived works in so far as they have original character:
(e) other transformations of literary or artistic works or expressions of folklore.

Scope of Protection

Article 57

The expiration of the periods provided for in this Law shall cause the economic rights to lapse and the work to fall into the public domain and consequently become part of the common cultural heritage.

Expressions of folklore shall likewise form part of the public domain.