Bringing Life to Folklore: Problem of Definition
Keywords:
folklore, definition, intangible cultural heritage, cultural heritageAbstract
Folklore generally refers to the traditions which may include the music, storytelling, popular beliefs and customs practice of a community. These practices have achieved heritage status which needs legal protection. Nevertheless, the protection provided in the existing laws is not without flaws. The ambiguity of certain terminologies and the strict interpretation of legal terms have created hurdle in giving adequate protection to such works. This article aims at highlighting the problem of definition and scope of intangible heritage with special reference to folklore.References
Blake, J. 2002. Developing a New Standard-setting
Instrument for the Safeguarding of Intangible
Cultural Heritage: Elements for Consideration.
Paris: UNESCO.
Irini Stamatoudi. 2004. The protection of intangible
property by means of the UNESCO Convention
on the safeguarding of intangible heritage and
intellectual property law. RHDI 57: 149.
Operational Directives for the Implementation of the
Convention for the Safeguarding of the Intangible
Cultural Heritage, available at http://www.unesco.
org/culture/ich/doc/src/00410-EN.pdf (10 April
.
Protocol to the Convention for the Protection of Cultural
Property in the Event of Armed Conflict, The
Hague, 14 May 1954.
The American Heritage College Dictionary. 2007. 4th
Edition. Boston: Houghton Mifflin Company.
UNESCO. 1989. Recommendation on the Safeguarding
of Traditional Cultural Expressions.
UNESCO. 1985. WIPO Model provisions for National
Laws on the Protection of Expressions of Folklore.
against Illicit Exploitation and Other Prejudicial
Actions.
Weerawit Weeraworawit. Formulating an international
legal protection for genetic resources, traditional
knowledge and folklore: Challenges for the
intellectual property system. Cardozo J. of Int’l
Comp. Law 11: 769.
Downloads
Published
Issue
Section
License
It is the author’s sole responsibility to ensure that all work submitted does not infringe on any existing copyright. Authors should obtain permission to reproduce or adapt copyrighted material and provide evidence of approval upon submitting the final version of the manuscript. Views expressed by authors are entirely their own. The Editorial Board shall not be responsible for views expressed and the language used in every article.