Are works of folk literature and art protected by copyright?

Works of folk literature and art are an important part of the national cultural heritage, passed down through many generations in various forms such as fairy tales, folk songs, proverbs, folk music, traditional opera, folk dances, and other traditional art forms. However, because the specific author cannot be identified, many people wonder: Are works of folk literature and art protected by copyright? Let’s find out in the article below!

What are works of folk literature and art?

According to Clause 1, Article 23 of the Intellectual Property Law: “Works of folk literature and art are collective creations based on the traditions of a group or individuals to reflect the aspirations of the community, expressed by imitation or by other means.”

These are works created, preserved, and passed down within a community over many generations, often with no identifiable original author.

Some common types of folk literature and art include:

• Fairy tales;

• Fables;

• Legends;

• Folk songs and proverbs;

• Chanting, rhyming, and folk music;

• Folk performing arts;

• Other traditional art forms.

These works not only possess artistic value but also reflect the cultural identity, customs, traditions, and spiritual life of the community.

Are folk literature and art works protected by copyright?

Many people believe that folk literature and art works such as folk songs, proverbs, fairy tales, and folk music are the common property of the community and therefore are not protected by copyright law. However, in reality, the Intellectual Property Law still has specific provisions to protect this special type of work, contributing to the preservation and promotion of the nation’s traditional cultural values.

According to Clause 1, Article 14 of the Intellectual Property Law, folk literary and artistic works are one of the types of works protected by copyright. Specifically, point a, Clause 1, Article 14 stipulates: “Folk literary and artistic works” are subject to copyright protection.

Thus, although the specific author cannot be identified, Vietnamese law still provides a protection mechanism for this special type of work to preserve and promote the nation’s traditional cultural values.

Unlike ordinary works, folk literary and artistic works are not owned by a single individual.

Because these works are created through collective efforts and passed down through generations, their protection primarily aims to:

• Preserve traditional cultural values;

• Prevent the distortion of the work’s content;

• Restrict exploitation and use contrary to the public interest;

• Encourage the preservation and promotion of national cultural heritage.

• This is also why the law has specific regulations regarding the use of this type of work.

What regulations must be followed when using folk literary and artistic works?

Although folk literary and artistic works are widely circulated within communities and their authors are not specifically identified, this does not mean that any individual or organization can use them arbitrarily. Intellectual property law has established certain principles to ensure that the exploitation of folk works does not affect the traditional cultural values ​​of the nation.

Clause 2, Article 23 of the Intellectual Property Law stipulates: “Organizations and individuals, when using folk literary and artistic works, must cite the origin of that type of work and ensure the preservation of the authentic value of the folk literary and artistic work.”

This means that when exploiting or using folk works, individuals and organizations need to fulfill the following obligations:

Clearly state the source of the work

When using folk works in books, performances, research, or other media products, the source of the work must be clearly stated.

Examples: Quan Ho folk songs of Bac Ninh; Hue folk songs; Vietnamese fairy tales; Vi and Giam folk songs of Nghe Tinh.

Acknowledging the source contributes to respecting the cultural values ​​of the community that created and preserved the work.

Don’t distort the content of the work

Users are not allowed to arbitrarily modify, distort, or falsify the content in a way that negatively affects the cultural and historical significance of the work.

Examples:

• Changing the content of legends in a way that offends the community;

• Transforming folk songs into products with offensive content;

• Using folk works to convey false information.

These actions may be subject to legal action.

Is it possible to register copyright for folk literary and artistic works?

Generally, it is not possible to register copyright for the original folk work itself because the specific author or copyright owner cannot be identified. However, an individual or organization can register copyright for their new creation based on folk material.

Examples:

• Adapting fairy tales into film scripts;

• Compiling a collection of folk songs with creative elements;

• Staging a new artistic program from folk material;

• Creating works of art based on traditional motifs.

In this case, copyright only arises for the new creation and does not include the existing folk content.

The above is an article titled ” Are works of folk literature and art protected by copyright?”. Hopefully, the above information has helped you better understand the protection mechanism for folk literary and artistic works, as well as the regulations to comply with when exploiting and using this special type of work.

Sincerely,

FAQ