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Copyright in literary and folk art

01/12/2021


Literary and folk art (works of folklore) are a type of work protected by copyright, listed at Point L, Clause 1, Article 14 of the 2005 Intellectual Property Law (amended and supplemented). supplemented in 2009 and 2019).

Tranh Đông Hồ

(Illustration:  Dong Ho painting)

KEY CONTENT SUMMARY

  1. Concept of literary and folk art 
  2. Literary and folk art works include
  3. Copyright in folk art works

1. Concept of literary and folk art

  • Concept of literary and folk art (folklore) are a type of work protected by copyright, listed at Point L, Clause 1, Article 14 of the 2005 Intellectual Property Law (amended and supplemented). supplemented in 2009 and 2019).
  • According to Clause 1, Article 23 of the Intellectual Property Law 2005, a folklore is the spiritual creation of a collective or a community on the traditional basis of a group or individuals in order to reflect the community's aspirations, culture and social characteristics, standards and values ​​transmitted by imitation or otherwise.

2. Literary and folk art works include

  • Stories, poems, riddles;
  • Singing, musical melodies;
  • Dances, plays, rituals and games;
  • Products of graphic art, painting, sculpture, musical instruments, architectural models and other art forms expressed in any material form.

3. Copyright in folk art

  • Organizations and individuals, when using folk literary and artistic works, must refer to the origin of such works and ensure to preserve the true value of folk literary and folk art.
  • The term of protection for the right to publish and for property rights for various types of works is specified in Article 27 of the Intellectual Property Law, in which there is no provision for literary and folk art works.
  • Thus, literary and works of folklore do not have a term of protection, because works are transmitted orally, from generation to generation and have many versions, it is impossible to know exactly what public works are. when published and cannot protect the originality of the work. The owner of an unidentified folk art can be a local collective community, a craft village, a group of artisans who keep records of the work, or the public. When using works of folk art and literature, it is the same as using works belonging to the public, although without asking anyone's permission, they must cite the origin and origin clearly and ensure the true values.
  • Above is the content of Copyright for literary and works of folklore. If you have any questions, please contact us via ourr hotline 1800 6365.