Traditional Knowledge Laws: United Kingdom

Scope of Protection

Section 169 - Folklore, &c.: anonymous unpublished works.

(1) Where in the case of an unpublished literary, dramatic, musical or artistic work ofunknown authorship there is evidence that the author (or, in the case of a joint work,any of the authors) was a qualifying individual by connection with a country outsidethe United Kingdom, it shall be presumed until the contrary is proved that he was sucha qualifying individual and that copyright accordingly subsists in the work, subject tothe provisions of this Part.
(2) If under the law of that country a body is appointed to protect and enforce copyright insuch works, Her Majesty may by Order in Council designate that body for the purposesof this section.
(3) A body so designated shall be recognised in the United Kingdom as having authorityto do in place of the copyright owner anything, other than assign copyright, whichit is empowered to do under the law of that country; and it may, in particular, bringproceedings in its own name.
(4) A statutory instrument containing an Order in Council under this section shall besubject to annulment in pursuance of a resolution of either House of Parliament.
(5) In subsection (1) a “qualifying individual” means an individual who at the materialtime (within the meaning of section 154) was a person whose works qualified underthat section for copyright protection.
(6) This section does not apply if there has been an assignment of copyright in the workby the author of which notice has been given to the designated body; and nothing inthis section affects the validity of an assignment of copyright made, or licence granted,by the author or a person lawfully claiming under him.

Section 61 - Recordings of folksongs.

(1) A sound recording of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any copyright in the words as a literary work or in the accompanying musical work, provided the conditions in subsection (2) below are met.
(2) The conditions are that—
      (a) the words are unpublished and of unknown authorship at the time the recording is made,
      (b) the making of the recording does not infringe any other copyright, and
      (c) its making is not prohibited by any performer.