Overview

Details

Subject Matter

Article 1 - Definitions

1.0.1 Azerbaijan folklore expressions (hereinafter referred to as “folklore expressions”) – shall mean word art works, folk music, games and dances, works of folk handicraft and applied arts (existing and not existing in a material form) created in a verbal form as well as other products of folk creative work created and protected by Azerbaijani people, its individuals and reflecting traditional artistic values, world view, hopes and wishes, characteristic features of artistic heritage of Azerbaijani people;

1.0.5 Traditional use of folklore expressions
Use of folklore expressions preserving its natural essence, features of content and form and based on the long-term experience of society;

1.0.6 Common use of folklore expressions
 Use of folklore expressions in accordance with daily necessities and needs of society.

1.0.7 Untraditional and uncommon use of folklore expressions
Use of folklore expressions with changing its natural essence, content or purpose, destination and artistic form;

1.0.8 Commercial Use of folklore expressions
Publication, making copy, dissemination of the copies, public declamation and performance, cable or ether broadcast as well as use in any mass notification form in order to deliver to public of folklore expressions with the purpose of profit earning.

Article 2 - Protected folklore expressions

2.1.1 Folklore expressions protected by this Law are the following works consisting of products of folk creative work, artistic folk handicraft and applied arts:

2.1.2 Labor, ceremony and children’s folklore works, myths, fables, stories, tales, legends, anecdotes, folk-dramas, proverbs, sayings, riddles, works of folk and ashug poetry, bayati and other verbal arts works related to the artistic verbal creative work;

2.1.3 Folk songs and dance melodies, ashug melodies, mugam-dastgahs, zarbi- mugams, tasnif, rangs related to folk-professional music and other works of folk music;

2.1.4 folk dances, yalli, games, ceremony and holidays and other active works;

2.1.5 works of tangible applied arts and folk handicraft, including graphic art-pictures, drawings, succession of images, shade drawings, smithery and engraving works, sculpture, ceramics, earthenware, mosaic, metal wares, copper and bronze articles, works of silkworm breeding, carpet-weaving, copper-smithery, jeweler’s art, leather, embroidery, basketry, folklore expressions such as carpets, decorative patterns, clothes and ornaments, tracery, musical instruments, wood-turning, architecture works and other works of this kind.

Scope of Protection

Article 6 - The Requirements on the use of folklore expressions

6.1 The forms of traditional and common as well as commercial use of folklore expressions in the territory of the Republic of Azerbaijan shall be free.
6.2 During untraditional and uncommon commercial use of folklore expressions the purpose, destination and artistic form of folklore expressions can be changed without damaging their natural essence and content in the form of publication in any form, making of copies, dissemination of copies, public declamation or performance, broadcast by ether or cable means as well as in any other mass notification form with the purpose of presentation to public.
6.3. Legal and natural persons of other states shall be entitled to use folklore expression outside the territory of the Republic of Azerbaijan in commersial purpose only with authorization of relevant executive body and with payment of fee for use. That fee shall be transferred to the account of relevant executive body and used for promotion of intellectual creativity, also safeguarding and enrichment of folklore expressions.
6.4. The rule of permission for commercial use of folklore expressions outside the territory of the Republic of Azerbaijan by legal and natural persons of other states and amount of the fee for use shall be determined by the relevant executive body.

Article 8 - Indication of the source while using folklore expressions

8.1 The source as well as place-name of place of origin of the folklore expressions in use and (or) name of the nation to which it belongs shall be precisely indicated in every published work, and in cases of public performance and notification of folklore expressions.
8.2 While using folklore expressions in cases set forth in Article 7 of this Law the requirements of Article 8.1 shall not be applied.

Exceptions and Limitations

Article 7 - Exemptions from the use of folklore expressions

7.1. Use of folklore expressions for the following purposes shall not be deemed untraditional and uncommon form:
7.1.1. where folklore expressions have been used for the creation of original author (authors) work;
7.1.2. where folklore expressions have been used in original author (authors) work in form of illustration in extent expedient to use.
7.2. The following accidental forms of use of folklore expressions shall not be deemed untraditional or uncommon:
7.2.1. upon use of folklore expressions which can be seen or heard during any current event in order to provide information by the means of photography, broadcasting, sound recording, provided that the use will be carried out in the extent necessary for the purpose of information;
7.2.2. use of folklore expressions by including description of subject matters containing folklore expressions into photos, movies or television broadcast in places permanently open for free entrance.