Folk paintings are works created to serve the cultural and spiritual life of the people and are passed down through each generation. Folk paintings gradually became not only the private works of the poor common classes but became a popular art widely used by even aristocratic mandarins. Nowadays, folk painting villages are no longer developed like before. However, Vietnamese folk paintings are still highly appreciated and considered unique artistic features that need to be kept and preserved. Therefore, what are folk paintings and how are they protected?
1. What are folk paintings?
Folk paintings are popular works of art created by artists who are only familiar with everyday farm work. However, their works are full of unique creativity depicting daily life and feelings about the world around them. The art of Vietnamese folk painting, with its long history of development, has become an indispensable part of those who love the country’s painting.
According to the provisions of Vietnamese law, folk paintings are a type of work protected by copyright, recorded at Point g, Article 14 of the Intellectual Property Law.
More specifically, Point a, Clause 7, Article 6 of Decree 17/2023/ND-CP clarifies folk paintings as follows:
“Fine artworks specified in Point g, Clause 1, Article 14 of the Intellectual Property Law are works expressed by lines, colors, shapes, and layouts, including:
a) Painting: Lacquer painting, oil painting, silk, gouache, watercolor, do paper and other materials;”
Therefore, folk paintings are works of art expressed with materials such as lacquer, oil paint, silk, gouache, watercolor… as mentioned by law above.
2. Protection period for folk paintings
Moral rights such as the right to name the work; The right to have your real name or pseudonym on the work and to have your real name or pseudonym mentioned when the work is published or used; The right to protect the integrity of the work to prevent others from distorting it and to prevent others from modifying or mutilating the work in any form that harms the author’s honor and reputation is protected indefinitely term.
The right to publish works and property rights have a term of protection that is the entire life of the author and fifty years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies;
3. Protection conditions for folk paintings
- Created directly by the author using his or her intellectual labor without copying from the works of others.
- Must be a type of work shaped in a certain material form
According to Article 6, Clause 1 of the Intellectual Property Law, copyright arises only when the work is created and expressed in a certain material form. If the author only comes up with an idea without actually shaping the work, then that idea is not protected by copyright.
- The content is not contrary to social ethics, or public order, and is not harmful to national defense and security
According to Clause 1, Article 8 of the Intellectual Property Law, the State “Recognizes and protects intellectual property rights of organizations and individuals based on ensuring harmony between the interests of intellectual property rights holders and the interests of intellectual property rights holders.” public; Do not protect intellectual property objects that are contrary to social ethics, public order, or harmful to national defense and security. Therefore, if folk paintings have content contrary to social ethics, and public order, or are harmful to national defense and security, the State will not protect them.
Therefore, when the above conditions are met, folk paintings can be protected by copyright.
Above is the article “Copyright protection for works of folk paintings”. We hope this article is useful to you.
