Traditional Knowledge Laws: Malawi

Subject Matter of Protection

Section 4 - Works in which copyright subsists

(1) Copyright shall subsist in accordance with this Act in:
      (b) expressions of folklore developed and maintained in Malawi;

Section 2 - Interpretation

"folklore" means all literary, dramatic, musical and artistic works belonging to the cultural heritage of Malawi created, preserved and developed by ethnic communities of Malawi or by unidentified Malawi authors, and includes, in particular:
(a) folk tales, folk poetry and riddles;
(b) folk songs and instrumental folk music;
(c)folk dances, plays and artistic forms of rituals;
(d) production of folk art, in particular drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, baskets and costumes;
(e) traditional musical instruments; and
(f) any works designated as such by the Minister by notice published in the Gazette.

Section 6 - Derivative works

(1)The following derivative works shall be subject to copyright protection as if they were original works:
      (c) works inspired by expressions of folklore.

Scope of Protection

Section 25 - Certain uses of expressions of folklore to be subject to authorization

Subject to the provisions of section 26, the following uses of the expressions of folklore shall be subject to prior written authorization by the Minister when they are made for gainful purposes or outside their traditional and customary context:
(a) any publication, reproduction and any distribution of copies of expressions of folklore; or
(b) any communication to the public, including recitation, performance, broadcasting or distribution by cable, of expressions of folklore.

Section 27 - Source of expressions of folklore to be acknowledged

In any printed publication or communication to the public wherein expressions of folklore have been used, except for uses referred to in section 26(c) and (d), the user of the expression of folklore shall acknowledge in such publication or communication the source from where the expressions of folklore so used by him have been derived.

Exceptions and Limitations

Section 26 - Free uses of expressions of folklore

The provisions of section 25 shall not apply to any use of the expressions of folklore in the following cases:
(a) for the purposes of education;
(b) by way of illustration in an original work of an author provided that the extent of such use is compatible with fair practice;
(c) using expressions of folklore for creating an original work by an author inspired by folklore; and
(d) incidental use of expressions of folklore, including, in particular:
      (i) that which can be seen or heard in the course of a current event by means of photography, broadcasting or audio-visual work or sound recording, provided that the extent of such use is justified by the informative purposes thereof, and
      (ii) use of objects containing the expressions of folklore which are permanently located in a place where they can be viewed by the public, if the use consists in the inclusion of their image in a photograph, a film or a television broadcast.