PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS UNDER COPYRIGHT LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

GHAFOURI ZEINAB

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Administrative Law Year:2018 | Volume:5 | Issue:14 Page(s): 77-102

Download Full-Text

Persian Verion

View:

1,612

Download:

Cites:

Information Journal Paper

Title

PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS UNDER COPYRIGHT LAW

Author(s)

GHAFOURI ZEINAB | Issue Writer Certificate

Keywords

TRADITIONAL CULTURAL EXPRESSIONS

FOLKLORE

COPYRIGHT LAW

REQUIREMENTS OF PROTECTION

Abstract

A wide range of TRADITIONAL CULTURAL EXPRESSIONS (expressions of FOLKLORE) is consisted of literary works such as tales, folk art like drawings and paintings and folk songs and music. It would not be surprising to choose COPYRIGHT LAW as the primary legal system in intellectual property to protect expressions of FOLKLORE since there is a close resemblance between these expressions and the protected works under COPYRIGHT LAW. In fact, the expressions of FOLKLORE can be categorized under different protectable works in this system such as literary, musical and artistic works. This may suggest that COPYRIGHT LAW can be opted as an appropriate regime to protect these expressions and in practice some countries have taken this approach. An accurate study of prerequisites and REQUIREMENTS OF PROTECTION in COPYRIGHT LAW, however, reveals that in spite of the similarity between the expressions of FOLKLORE and works under COPYRIGHT LAW, these expressions lack the very basic and fundamental preconditions to be considered as a protectable work under this regime such as authorship, ownership of rights, originality and fixation as well as the temporary duration of protection. Despite these shortcomings, many have tried to justify and adapt the characteristics of these expressions to such prerequisites to fit them into copyright system so that they can benefit the provided protection. It seems, however, infeasible to entirely apply copyright rules of protection to expressions of FOLKLORE. More importantly, the aim of protection is different in each of these two categories. Considering these differences, protection of expressions of FOLKLORE under COPYRIGHT LAW, not only demands excessive exemptions in application of its rules, but also does not ultimately lead to the desirable outcome. Accordingly, it appears that imposing expressions of FOLKLORE to copyright system neither benefits these expressions nor the aforementioned system. Therefore, it would be more appropriate to structure a sui generis system in order to protect TRADITIONAL CULTURAL EXPRESSIONS.

Cites

No record.

References

No record.

Cite

APA: Copy

GHAFOURI, ZEINAB. (2018). PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS UNDER COPYRIGHT LAW. ADMINISTRATIVE LAW, 5(14 ), 77-102. SID. https://sid.ir/paper/266013/en

Vancouver: Copy

GHAFOURI ZEINAB. PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS UNDER COPYRIGHT LAW. ADMINISTRATIVE LAW[Internet]. 2018;5(14 ):77-102. Available from: https://sid.ir/paper/266013/en

IEEE: Copy

ZEINAB GHAFOURI, “PROTECTION OF TRADITIONAL CULTURAL EXPRESSIONS UNDER COPYRIGHT LAW,” ADMINISTRATIVE LAW, vol. 5, no. 14 , pp. 77–102, 2018, [Online]. Available: https://sid.ir/paper/266013/en

Related Journal Papers