Module twelve: Expressions of folklore and copyright

Module twelve: Expressions of folklore and copyright

Objectives

When you complete this module, you should be able to

· define and explain the concept of expressions of folklore and traditional cultural expressions;

· demonstrate how copyright can, in a limited way, offer protection for traditional cultural expressions;

· demonstrate why copyright cannot fully protect traditional cultural expressions and where changes impose themselves; and

· find out the relationship of the WIPO Development Agenda with expressions of folklore and copyright.

This module will take you around four hours.

Introduction

This module introduces you to the problems raised by the protection of expressions of folklore or traditional cultural expressions. We are going to look at this from a copyright perspective in particular. In the first stage, we will define the subject matter under discussion. We will then move from the concept of folklore to the definitions of expressions of folklore/traditional cultural expressions and we will look at why and to what extent these should or could be protected. We will then consider how and to what extent copyright is suited to offering such protection. In the final stage, we will look at the points where copyright is not suitable and where either copyright needs to be amended if it is to offer suitable protection for traditional cultural expressions or a sui generis regime of protection needs to be agreed.