An Overview of the Protection of Expressions of Folklore under the Copyright Act

An Overview of the Protection of Expressions of Folklore under the Copyright Act

Author by Dr. Dorcas Odunaike

Language: English

Abstract

Folklore is traditional cultural heritage passed on from generation to generation in contrast to the personal nature of creative works. Intellectual property law protects ‘expressions of folklore’, under a genre of rights known as ‘related rights’ or ‘neighbouring rights’. This paper appraised the legal protection of expressions of folklore under the Copyright Act; assessed the extent to which existing legal instruments had effectively protects expressions of folklore and identified drawbacks in existing laws in order to propose minimum standards for effective protection of expressions of folklore in Nigeria. This study found that since the passing of the Act, the provisions of the Act on expressions of folklore has neither been implemented, enforced nor tested before the court and seems ineffective.


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