Traditional cultural expressions and copyright law: Denoting the long-lasting confusion

Abstract

The paper shows that protecting traditional cultural expressions through the scope of copyright law is an erroneous approach and that recognition of folklore should be a separate issue outside of the copyright scope. It examines the key incompatibilities between the individualistic nature of copyright and the collective, culturally embedded nature of TCEs. This research aims to contribute to the debate on how to develop an approach that, firstly, respects and effectively protects the unique nature of TCEs, and secondly, has a greater chance of gaining international acceptance. By drawing on the familiar concepts of attribution and integrity, we can create a new legal framework that addresses the needs of various groups of stakeholders and ensures that TCEs are properly protected both now and in the future. While the concepts of attribution and integrity, as developed in copyright law, cannot be applied directly to TCEs due to their individualistic nature, the paper argues that these concepts offer valuable insights for lawmaking purposes. By drawing from the extensive research in copyright studies, this paper suggests that these insights can guide the development of a sui generis protection system tailored to TCEs.