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„Proprietatea” folclorului – aspecte de drept comparat
Folklore "property" - aspects of comparative law

Author(s): Vlad Vieriu, Nicoleta Rodica Dominte
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: folklore; expression of folklore; copyright; sui generis protection; cultural heritage.

Summary/Abstract: Folklore is an important element of traditional artistic heritage of a nation. Protection of folklore is a controversial subject, because national legislations have different dispositions. Developing countries have provided for copyright protection, while developed countries consider that folklore is in public domaine, such as France. International protection is given under WIPO’s Model provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and other Prejudicial Actions adopted in 1982. The international provisions forsaw a sui generis protection throuhg the adoption of a specific legislation for folklore at national level. Romanian legislation protects expressions of folklore by the dispozition of Law no. 26/2008 regarding the protection of immaterial culural heritage. However, Law no. 26/2008 do not provide protection against ilicit exploatation of folkloric music. In the paper, we analzye if it could be provided a copyright protection for expression of folklore in Romania. As a conclusion, we propose the elaboration and adoption of a model law for protection of folklore in Romania.

  • Issue Year: 2010
  • Issue No: 02
  • Page Range: 75 - 90
  • Page Count: 16
  • Language: Romanian