13th Congress of the International Society for Folk Narrative Research

Presentation Abstracts

PURI, Kamal

Legal Protection for Indigenous Folk Narrative Culture

Indigenous peoples’ folk narrative is a principal means of self-expression both within their own communities and in their relationship to the outside world. The current intellectual property system, which is based on economic exploitation, leads to commodification of indigenous peoples’ folk narrative and cultural expressions.

Folk narrative by its innate nature is neither static nor fixed. For the most part, it is found in oral traditions. Also, it has no identifiable author, is continuously evolving, and its ownership resides in a clan, group or community instead of an individual. Protection of indigenous folk narrative under the Western intellectual property system is therefore problematic because the copyright law requires originality, an identifiable author, and material or tangible form. Furthermore, a copyright work falls within the public domain fifty years after the death of the author. None of these requirements for obtaining protection under intellectual property laws is fulfilled by indigenous folk narrative and other expressions of culture. Action needs to be taken from several angles - contract law, confidentiality agreements, sui generis (of its own kind), and above all making the owners or custodians of folk narrative aware of their rights.

My paper is aimed at finding ways to provide adequate legal protection to folk narrative and expressions of culture. Whilst alluding to various recent examples of appropriation of indigenous folklore, I shall attempt to suggest some concrete measures to protect indigenous peoples’ rights which are being subjected to the ongoing process of colonisation - the only difference today is that their cultural property and identity are being plundered instead of the land.