Protection and Administration of Folklore in Nigeria

Adewopo, Adebambo

doi:10.2966/scrip.030106.1

Cited by 5 publications

(1 citation statement)

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“…Extensive privatized ownership over heritage creates a moral dilemma where an individual becomes capable of claiming exclusive rights over culture that is a vital aspect of Japanese communal cultural practice and thus ought to belong to the broader Japanese community (Brown, 2003, p. 197). To many communities, including within Japan, folklore plays a vital role as it constitutes a fundamental basis of social identity (Lewinski, 2008, p. 343), and comprises part of "the rich and varied but non-regenerative resources as well as the incomparably valuable heritage of human society" (Adewopo, 2013). Recognition of cultural property through law is of vital significance to cultural heritage; this is particularly evidenced by Mabo in an Australian context, which displayed the ways in which the assignment of property through law is of vital moral significance as property mediates the world in which people interact and the relationships between communities and governmental institutions (Anderson, 2009, p. 36).…”

Section: How Can Intellectual Property Law Facilitate the Promotion Omentioning

confidence: 99%

Legal Issues Related to the Requisition of Japanese Yōkai in Intellectual Property Law: The Conflict Between Fair Use, Communal Culture, and Private Ownership

Shaw¹

2019

UCLR

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Despite having a strong basis in the cultural heritage of Japan, Japanese folklore spirits, also known as yōkai, have often been excluded from being protected as cultural heritage, and are often privately trademarked and used in a multi-billion-dollar entertainment industry. Through these trademarks, rights holders have inconsistent and overlapping privatized entitlement to what is essentially shared cultural heritage, which forms a chasm in Japanese copyright protections. This has negative consequences for the public use and enjoyment of cultural heritage. This essay takes a socio-legal approach and proposes that yōkai being catalogued and protected under the protections granted by the Convention for the Safeguarding of Intangible Cultural Heritage would be a positive step, but is ultimately not a viable solution to this issue, and instead the lack of fair use protections in Japanese copyright law should be expanded to include a defence for the use of cultural heritage forms such as yōkai.

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Section: How Can Intellectual Property Law Facilitate the Promotion Omentioning

confidence: 99%

Legal Issues Related to the Requisition of Japanese Yōkai in Intellectual Property Law: The Conflict Between Fair Use, Communal Culture, and Private Ownership

Shaw¹

2019

UCLR

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The Negative Protection of Traditional Cultural Expressions in Africa

Nwauche

2017

The Protection of Traditional Cultural Expressions in Africa

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Historical Threads: Intellectual Property Protection of Traditional Textile Designs: The Ghanaian Experience and African Perspectives

Asmah¹

2008

Int J Cult Prop

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Defining the relationship between folklore and intellectual property continues to be an ongoing debate. Some challenges in defining this relationship center on the main characteristics of intellectual property, namely, the eligibility criteria and limited protection period that make the current construction of intellectual property incompatible with folklore protection. However, countries like Ghana have been using the intellectual property system as one of its tools to protect folklore. This article focuses on traditional textile design protection in Ghana, establishing the importance and significance of these designs in Ghana's history and culture and why Ghana is determined to protect these designs. After examining Ghana's efforts and the obstacles in its path as it uses the intellectual property law system to protect traditional textile designs, the article argues that there should be regional cooperation and international protection to strengthen individual national efforts.

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Protection and Administration of Folklore in Nigeria

Cited by 5 publications

References 0 publications

Legal Issues Related to the Requisition of Japanese Yōkai in Intellectual Property Law: The Conflict Between Fair Use, Communal Culture, and Private Ownership

Legal Issues Related to the Requisition of Japanese Yōkai in Intellectual Property Law: The Conflict Between Fair Use, Communal Culture, and Private Ownership

The Negative Protection of Traditional Cultural Expressions in Africa

Historical Threads: Intellectual Property Protection of Traditional Textile Designs: The Ghanaian Experience and African Perspectives

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