Traditional Knowledge Laws: Burkina Faso

Subject Matter of Protection

Article 7

The following shall also be protected as works:
- translations, adaptations, staging, arrangements and other alterations of works and expressions of traditional cultural heritage.

Article 88

For the purposes of this Law, "expressions of traditional cultural heritage" shall be understood as productions made up exclusively of characteristic elements of traditional artistic andliterary heritage, which is developed and continued by a national community of Burkina Faso or by individuals who are considered to meet this community's traditional artistic expectations, especially popular tales, popular poetry, popular songs and instrumental music, popular dance and shows and artistic expressions of rituals and productions of popular art.

Beneficiaries or Rightholders

Article 88

Expressions of traditional cultural heritage, the authors of which are not known but where it is reasonable to presume they are nationals of Burkina Faso, shall be part of national heritage. The same shall be true for expressions of traditional cultural heritage, the individual authors of which are known and have been dead for more than seventy (70) years.

Article 89

Expressions of traditional cultural heritage by known individual authors shall belong to their authors if, in accordance with the term of copyright protectiion, the expressions are not yet in the public domain. Any person claiming to be the author of an expression of traditional cultural heritage must legally prove that he is the author.

The royalties to be paid by the users upon exploitation of expressions of traditional cultural heritage whose authors are known shall be shared between the rights holders and the collective management  organization in accordance with the organization's distribution rules.

Scope of Protection

Article 90

Expressions of traditional cultural heritage which are part of national heritage shall be protected under this Law against ilicit exploitation and other prejudicial actions.

Any publication and communication to the public of an identifiable expression of traditional cultural heritage which is part of national heritage shall properly indicate its source either by mentioning the name of the author and/or the geographical place from where the expression originates.

The copies of expressions of traditional cultural heritage, including for copies of translations, arrangements and other alterations of these expressions, made without either authorization or declaration as required, may not be imported, exported or distributed.

Article 91

The following uses of expressions of traditional cultural heritage which are part of national heritage shall be subject to the authorization of the collective management organization, pursuant to the agreement of the Minister of Culture where expressions are used both with gainful intent and outside their traditional or customary context:
- any publication, reproduction and distribution of copies of expressions of traditional cultural heritage which are part of national heritage;
- any public recitation or performance, any transmission by wire or wireless means, and any other form of communication to the public of expressioins of traditional cultural heritage which are part of national heritage.

Exceptions and Limitations

Article 92

The creation of works derived from expressions of traditional cultural heritage which are part of nationall heritage such as adaptations, translations, transcriptions, collections with or without agreement, and other alterations shall be free of charge for the people of Burkina Faso. Such creation shall be subject to authorization from the collective management organizationi for foreigners. The creation, after its production, shall be declared to the collective management organization.

Article 94

The exceptions to copyright provided for in this Law shall apply mutatis mutandis to expressions of traditional cultural heritage.

Article 21

Where a work has been legally disclosed, the author may not prohibit:
- private and gratuitous performances held exclusively within the family circle;
- copies or reproductions reserved strictly for the private use of the copier and not intended for collective use, with the exception of:
          copies of the works of art or architecture to be used for purposes identical to those for which the original work was created;
          the total or substantial reproduction of databases;
          the reproduction of computer programs subject to the provisions under Article 23 below;
          the import of a copy of a work by a natural person for personal ends;
- parody, pastiche or caricature subject to the laws of the genre.

Article 22

Where a work has been legally disclosed, the author may not prohibit, on condition that the author's name and the source are clearly indicated:
- analyses and short quotations justified by the critical, polemic, educational, scientific or informative nature of the work in which they are incorporated;
- press reviews;
- reproduction and dissemination, even in its entirety, through the press or by telecastas: news; news articles on politics, society, economics or religion; speeches intended for the public made in political, administrative, judicial or academic gatherings; sermons; lectures; addresses or other works of the same nature.
- the use of literary or artistic works as teaching examples by means of publication, broadcasting or audio or visual recordings, on the condition that such use is not abusive and is devoid of any commercial purpose.