A Social Justice Perspective on Intellectual Property Protection for Folk Music

Abstract

This chapter explores IP protectability of what may be broadly termed “folk music,” though, that is a term fraught with ambiguity, from an intellectual property social justice (IP-SJ) framework. Our IP-SJ approach helps illuminate how IP law and administration affect opportunities for access, inclusion, and empowerment through IP endeavor, particularly for traditionally marginalized communities. IP social justice balances claims for protection with other interests and values of society relating to the broad dissemination of ideas and expressive works for the benefit of all including trans-cultural transmission of music. Traditional folk music and, more generally, traditional knowledge and expression (TKE) are not generally protectable by intellectual property (IP) law as it is currently structured. We advocate rethinking and reworking IP protection for musical works, including in particular folk music broadly understood to provide economic and other benefits to originators and performers of music on terms that balance all interests.

Keywords: folk music, traditional knowledge and expression, TKE, intellectual property, copyright, trademark, social justice, indigenous

JEL Classification: K00,K11,K19,K29,K33,K39,O3,O35,O39,