Traditional Knowledge Laws: Senegal

Title Law No. 2008/09 of January 25, 2008 on Copyright and Neighboring rights in Senegal
Subject Matter Traditional Cultural Expressions
Issue(s) Subject Matter of Protection; Scope of Protection
Type(s) of Legislation IP Law

Subject Matter of Protection

Article 156 - Definition of folklore

"Folklore" means all literary and artistic productions created by authors deemed to be of Senegalese nationality that are passed from generation to generation and constitute one of the basic elements of the traditional cultural heritage of Senegal.

Scope of Protection

Article 157- Exploitation of folklore and works in the public domain

1. The exploitation of folklore or of works derived from folklore, and of works that have fallen into the public domain on expiry of the periods provided for in Articles 51 to 55, shall be declared to the collective management society approved for that purpose and shall be subject to payment of a royalty.
2. The amount of the royalty shall be determined by the Minister of Culture. It may not exceed 50 per cent of the rate of remuneration usually paid to authors in accordance with current contracts or practices.