Conditions for protection of folklore works

A&S LAW

Conditions for protection of folklore works

Posted by anslawyer on 10-8-2018

Folklore works mean productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community, or by individuals reflecting the traditional artistic expectations of their community by anonymous, such as: folk tales, folk poetries, folk songs, folk dances… In history of mankind, folklore works have constituted a powerful cultural force and an inexhaustible spiritual. Therefore, people, especially folklorists and humanists, really care about conditions for protection of folklore works.

Hereinafter, A&S LAW will consult you about this procedure as follow.

Kết quả hình ảnh cho truyện cổ tích tấm cám

A condition to register copyright for a work is preserving its origin, however, folklore work’s characteristics are variants, so it will not guarantee the original. We can never know who is the first person creating a folklore work, so many folk and literary works are similar in content but still have different details. such as the place in the work, the name of the character, the place of origin, etc. These different details create different variations, all variants are automatically protected without guaranteeing the originality of the work. Each variant has become a folk-literary work of a certain village community, it’s really hard to know which one is original work, which one is modified, or who is the author. Hence, they should be respected and protected equally.

Copyright registration for folklore works does not depend on the form of the work, which is a different point from the general copyright registration for other works. Normally, a work must be expressed in a certain form to be protected, in other words, copyright protects the form of creativity. However, the main form of folklore work is usually oral form, therefore, copyright registration for folklore works shall not depend on the form of the work.

The essay above has given you information about conditions for protection of folklore works. In case the clients would like to register copyright, please contact with A&S LAW to be consulted.

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