Subject Matter of Protection

Article 6

The following in particular shall be considered works of the mind under this Law
(15) folklore and works derived from folklore, such as they are described in Chapter II below.

Article 66

For the purposes of this Law, "folklore" shall mean all literary and artistic productions created in Togo by anonymous, unknown or forgotten authors presumed to be of Togolese nationality or from ethnic Togolese communities, passed from generation to generation and constituting one of the basic elements of the Togolese cultural heritage.

Beneficiaries or Rightholders

Article 66

Folklore shall belong originally to the national cultural heritage.

Scope of Protection

Article 68

The adaptation of folklore or the use of elements inspired by folklore shall be declared to the Copyright Office of Togo (BUTODRA).

Article 69

The public performance and reproduction by any means whatsoever of national folklore with a view to exploitation for profit-making purposes shall be subject to prior authorization by the Copyright Office of Togo (BUTODRA), against payment of a royalty, the amount of which shall be determined according to the conditions customary for each of the categories of creation considered.
The proceeds from that royalty shall be managed by the body referred to in the subparagraph above and used for cultural and social purposes for the benefit of Togolese authors.

Exceptions and Limitations

Article 70

The provisions of Article 69 shall not apply when the works of national folklore are used by a public person for non-profit purposes. However, this public person shall be obliged to make a statement to the Copyright Office of Togo (BUTODRA).