11. Rodionova O. M. Spetsifika rossiyskoy intellektualno-pravovoy okhrany proizvedeniy narodnogo tvorchestva (na primere finno-ugorskikh narodov) .

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UDK 347.78:398(511.1)

DOI: 10.15507/VMU.025.201503.096

THE SPECIFICS OF THE RUSSIAN IN TELLECTUAL-LEGAL PROTECTION OF CULTURAL WORKS (FOR EXAMPLE FINNO-UGRIC PEOPLES

Rodionova Olga Mikhaylovna
(associate professor of chair of Civil Law and Procedure of Ogarev Mordovia State University (68, Bolshevistskaya str., Saransk, Russia), Ph. D. (Sociology), This email address is being protected from spambots. You need JavaScript enabled to view it.)

Protection of works of folk art (folklore) is formalized rights allied to copyright, but this is not enough. Some scholars insist that the works of folk art (folklore) should be protected by copyright. However, works of folk art cannot be attributed to the objects of copyright, as the carriers of this kind of intangible cultural heritage – a group or community – do not relate to the subjects of civil law in general. However, even the framework of allied rights doesn’t implement complete protection of works of folk art. The lack of protection of author’s rights impairs to extend the legislative prohibition on the modification of a work to folklore art. It is therefore necessary to formalize in the rules of the Civil Code provision stating that persons to whom it may concern, most notably the persons who carry folklore, should have the right to take legal action against performers, broadcasters, phonogram producers, publishers and to demanding the protection of works of folk art from distortion by, for example, disclosure of such violations and withdrawal from sale of copies containing distorted works of folk art. Protection related rights by legal means concerns only a part of the intangible cultural heritage since it is limited to works of folk art. However, the objects of intangible cultural heritage are a broader category, so conditions should be also created for protection of other types of intangible cultural heritage. The problem can be solved in several ways, and above all, the adoption of a special law that sets the special protection for them. In addition, the introduction of the intellectual property law for new facilities to enable the protection for the objects of intangible cultural heritage, which are currently not protected.

Keywords: folk art, folklore, intangible cultural heritage, copyright, allied to copyright.

Acknowledgements: The work was supporated by intramural grant (Fundament research progect 53/4914)

For citation: Rodionova O. M. Spetsifika rossiyskoy intellektualno-pravovoy okhrany proizvedeniy narodnogo tvorchestva (na primere finno-ugorskikh narodov) [Specifics of legal protection of folk art works in Russia (on the example of Finno-Ugric peoples)]. Vestnik Mordovskogo universiteta [Mordovia University Bulletin]. 2015, vol. 25, no. 3, P. 96–102. DOI: 10.15507/VMU.025.201503.096

This work is licensed under a Creative Commons Attribution 4.0 License.