Intellectual property protection of folklore: a step towards a more global approach

Radonjanin, Andrea (2016) Intellectual property protection of folklore: a step towards a more global approach. PhD thesis, University of Nottingham.

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Folklore, as a specific part of the traditional heritage, forms one of the constituent elements of the cultural identity of every community. As such, expressions of folklore ought to be preserved and protected from uncontrolled and inappropriate utilisation. The problem of an adequate system of protection of folklore has been discussed over the last few decades, yet, it seems that, up to date, legislative solutions fail to entirely efficiently and comprehensively deal with this issue.

At the same time, somewhat unfairly, mainly the indigenous communities have been the focus of most of these scientific and legislative approaches over the past decades. Predominant part of the existing literature and normative models of protection have used the indigenous communities as a starting point in developing folklore protection systems and schemes, leaving many other non-indigenous communities with rich folkloric opus on the margins of the attention. On account of this, one may argue that the proposed legislative solutions are not fully operational for both indigenous and non-indigenous communities.

Recognising the above, and at the same time aware that folklore does not only exist in isolated parts of the world but is present in every nation and in every culture, the main focus of this thesis is to examine the protection of folklore from a specific perspective, that of the overlooked non-indigenous communities. At the same time, this thesis also looks into answering certain currently unrequited issues, aiding in that way to the development of a more globally appropriate system of protection of expressions of folklore.

Item Type: Thesis (University of Nottingham only) (PhD)
Supervisors: Derclaye, E.
Torremans, P.
Keywords: Intellectual Property Law, Folklore
Subjects: K Law > K Law (General)
Faculties/Schools: UK Campuses > Faculty of Social Sciences, Law and Education > School of Law
Item ID: 29656
Depositing User: Radonjanin, Andrea
Date Deposited: 14 Jul 2016 06:40
Last Modified: 26 Sep 2016 09:03

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