WHAT IS FOLKLORE
The world Intellectual Property Organisation (WIPO) under what it terms Model provisions suggests an illustrative enumeration of most typical kinds of expressions of Folklore.
Section 2 of the Model Provisions provides that “Expressions of Folklore” are understood as productions consisting of characteristic elements of the traditional artistic heritage development and maintained by a community in the country or by individuals reflecting the traditional artistic expectations of such a community.
It categorizes these expressions as follows: words (“verbal”) e.g. folk tales, poetry and riddles; Expression by musical sounds (“musical”) e.g. “folk songs and instrumental music”
Expressions of the human body (“by action”) e.g. folk dances, plays and artistic forms of rituals, and in the last category are: drawings , paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, basket weaving, needle-work, textiles, carpets, costumes, musical instruments, architectural forms.
ESTABLISHMENT OF FOLKLORE BOARD
The board was established by an act of parliament (Copyright Act, 2005) ACT 690 Section 59 (1) a National Folklore Board.
FUNCTIONS OF THE BOARD
The Board shall:
a) Administer, monitor and register expressions of folklore on behalf of Republic,
b) Maintain a register of expressions of folklore in the Republic.
(c) preserve and monitor the use of expressions of folklore in the Republic.
(d) Provide members of the public with Information and advice on matters relating to folklore,
(e) Promote activities which will increase public awareness on the activities of the Board, and,
(f) Promote activities for the dissemination of expression of folklore within the Republic and abroad.
PROTECTION OF FOLKLORE
Section 4 (1) states:
An expression of folklore is protected under this Act against:
b) Communication to the public by performance, broadcasting, distributions by cable or other means, and
c) Adaptation, translation and other transformation.
(2) The rights of folklore are vested in the President on behalf of and in trust for the people of the Republic.
DURATION OF PROTECTION OF EXPRESSIONS OF FOLKLORE
The rights vested in the President on behalf of and in trust for the people of the Republic in respect of folklore under section 4 exist in perpetuality.
USE OF FOLKLORE
(1) A person, who intends to use folklore for any purpose other than a permitted under section 19 of this Act, shall apply to the Board for permission in the prescribed form and the person shall pay a fee that the Board may determine.
(2) There shall be established by the Minister with the approval of the Accountant-General a fund for the deposit of any fees that may be charged in respect of the use of folklore.
(3 ) The fund shall be managed by the Board and shall be used:
(a) For the preservation and promotion of folklore,
(b) And for the promotion of indigenous arts.
OFFENCES RELATED TO FOLKLORE
44 (1) A Person shall not sell, offer or expose for sale or distribution in the Republic copies of,
(a) Works of folklore made in or outside the Republic, or
(b) Translations, adaptations, arrangements of folklore made outside the Republic without the permission in writing of the National Folklore Board.
(2) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of not more than one thousand penalty units and not less than one hundred and fifty penalty units or to a term of imprisonment of not more than three years or both; and in case of a continuing offence to a further fine of not less than twenty-five penalty units for each day during which the offence continues.
OFFENCES BY BODY OF PERSONS
45 (1) Where an offence is committed by a body of persons under this Act:
(a) In the case of a body Corporate other than a partnership, every director or secretary of the body Corporate shall also be deemed to have committed the offence, and
(b) In the case of a partnership, every partner shall also be deemed to have committed the offence.
(2) A person shall not be considered to have committed an offence under this section if the person proves to the satisfaction of the court that the offence in respect of which the person is charges was without the consent or connivance of the person charged and that the person charged exercised the diligence required to present the commission of that offence that the person ought to have exercised having regard to the circumstances.
LOCATION MAP OF FOLKLORE BOARD
National Folklore Board Brochure 19/07/2011