Folk music collectors and intellectual property: ensuring fair compensation without appropriation

Dominik Światkowski

Journal of Intellectual Property Law and Practice, 2025, vol. 20, issue 5, 324-332

Abstract: This article examines the legal protections available to folk music collectors, focusing on copyright, and the entitlements they may have while respecting the rights of the folk communities from which the collected materials originate. Unlike the extensive research on the copyright status of folk art, the legal aspects of folk music collecting have been largely overlooked. Collectors’ activities vary, from faithfully replicating original material to contributing creatively to folk songs, affecting their legal qualifications and entitlements. The article argues for a balanced approach to ensure compensation without infringing on the rights of the original authors and appropriation.The analysis spans legislation and case law from the USA and the UK. It outlines the premises for protection from the perspective of folk music collectors and highlights obstacles to obtaining these rights. The first section explores collectors’ rights unrelated to alterations, such as rights to collections and recordings. The second part delves into rights related to modifications, including arrangement and potential co-authorship, while the subsequent part addresses the issue of appropriation of collected music by collectors.This examination aims to establish a fair legal framework that rewards efforts without overstepping the boundaries of authorship and ownership. It helps clarify under what conditions folk music collectors can claim legal rights and compensation for their work, without infringing upon the communal nature of folk music.

Date: 2025
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