Section 74 Copyright Act
Section 74 Copyright Act 2022 is about Protection of expressions of folklore. It is under Part IX (Expressions of Folklore) of the Act.
(1) Expressions of folklore are protected against —
(a) reproduction ;
(b) communication to the public by performance, broadcasting, distribution by cable or other means ; and
(c) adaptations, translations and other transformations, when such expressions are made either for commercial purpose or outside their traditional or customary context.
(2) The right conferred by subsection (1) shall not include the right to control —
(a) the doing of any of the acts by way of fair dealing for private and domestic use, subject to the condition that if, the use is public, it shall be accompanied by an acknowledgment of the title of the work and its source ;
(b) the utilisation for purposes of education ;
(c) utilisation by way of illustration in an original work of an author ;
(d) the borrowing of expressions of folklore for creating an original work of an author; provided that the extent of such utilisation is compatible with fair practice ; or
(e) the incidental utilisation of expressions of folklore.
(3) In all printed publications or any communication to the public of any identifiable expression of folklore, its source shall be indicated in an appropriate manner, by stating the community or place from where the expression utilised has been derived.
(4) The right to authorise acts referred to in subsection (1) vests in the Commission.
(5) For the purpose of this section, “folklore” means a group-oriented and tradition-based creation of groups or individuals reflecting the expectation of the community as an adequate expression of its cultural and social identity, its standards and values as transmitted orally, by imitation or by other means
including —
(a) folklore, folk poetry, and folk riddles ;
(b) folk songs and instrumental folk music ;
(c) folk dances and folk plays ; and
(d) productions of folk arts in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewellery, handicrafts, costumes, and indigenous textiles.
