The protection of - Folklore art - literature Heritage in Vietnam PDF  | Print |  E-mail
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Tuesday, 27 December 2005 07:00


Regarding to the copyright pretection of expressions of folklore, this presentation refers to two basic contents:

1. Generalization of heritage protection policy on folk art – literature in Vietnam so far

In the history of building and defending country, Vietnamese people has established abundant, diversity, rich-national identity culture. Of which, folk Art – Literature is largest flow that took one’s source from people nature, reflecting the nuances, aspiration of varied people communities across the country territory. It has itself, therefore, permanence power and contributes to create power of the nation in the past, present and future.

“Vietnam Cultural Guidelines” of 1943 referred to three basic principles, these are: “science, popular and nation”. The Vietnam Constitution of 1992 continuously acknowledges the value confirmed in 1980 Constitution: “Vietnamese nations have right to use voice, writting, to maintain national identity and to promote customs and habits, traditions and great culture of their own...” (Article 5, 1992 Constitution). “State and Society conserve, develop Vietnam culture: nation, modern, humanity; succession and promotion of civilization values of Vietnamese nations...; development of creations of people” (Article 30, 1992 Constitutions). That is main policy of Vietnam State for general art-culture and folklore art-literature itself.

Cultural institutions have formed step by step accordance with basic provisions of Constitution to collect, reconstruct to conserve and develop folklore art-literature values of national communities. Institutes, research faculties are created to study educate folklore art-literature. The Association of Vietnames Folklorist is job- society organization also established including 73 sub-associations in centre and local. A number of folklorist across fields of music, aesthetic, architecture, sculpt, gesticulate, dance and so on.

The activities of statistician, research, collection, publication on expressions of folklore art-literature have reached remarkable achievements. Research, collection projects value on epic, festival and art fields have been published. Big books on folklore art-literature of Vietnamese, ethnic minority, architecture works, sculpture, painting, religion have been published or recorded to deliver for a full scale. Activities of research, arrangement of play, festivals and restoration of traditional festival during the years have implemented in many locations. A thousand of subjects of Association of literature and art have been conducted by members. Only past five years, members completed 821 subjects of varied fields. The Epic itself of  “DE DAT DE NUOC” (Making soil and water for life) has been performed and recorded into 60 compact disks of DVD. Presently, sing clubs have been established to promote folk literature and art values, such as: ceremonial song (ca tru), Chinese popular opera (cheo Tau), Do song, Cua Dinh song, Bai Bong song, That Gian popular opera, Cang Khuoc popular opera, Dam song, Ca Cong, Hue song, Talented song. Activities of collection, introduction on folk art have played a good role in terms of dissemination of folk painting of Dong Ho, Hang Trong etc.

State gave a State Program on conservation and promotion intangible cultural value and projects on survey, collection, maintain, translation, publication of Tay Nguyen epic store have been predicted to be a good achievement. Branches of culture, tourist, small scale industry have been planing specifically for purpose of conservation and development in folklore art-literature. The Association of Vietnames Folklorist planed “2010 overview” to account values of previously generations, to build programs to develop values. The movement has got early regard of communities in collecting, recording, rebuilding the folklore art-literature value. The Association has innovation to grant appellation of “gold hand artisan”, “folk artisan”. The National Assembly adopted the name of  “people’s artisan” and “meritorious artisan” to recognize the contribution of people doing well in research, conservation and promotion of folklore art-literature values.

However, besides of above results, we have mistakes and limitations. Disadvantages of the market institution, interaction, integration, have appeared commercial motive, leading to collapse, deform tangible – intangible culture value. Many projects of research, collection, reconstruction have been conducted slowly whereas artisans occupying these values were over age and we are wasting both time and material.

Referring to protection of expressions of folklore art-literature, Article 748 of Civil Code stimulated subject of protection under separate provision for “folklore art-literature works”, but until now we have not yet documents to guideline and interpret. Thus, the question of copyright protection for the expressions of folklore art-literature has not yet been implemented in Vietnam.

2. Some issues should be studied to have institution in intellectual property legal in Vietnam.

2.1 Purpose of protection

On the one hand, ensuring the balance between limitation of abuse, prevention of reveals themselves (folk art-literature) and collection, exploitation that may damage their real value. Second, maintaining the free creation, dissemination of unique works getting inspiration from folklore art-literature works.

This aims also being seen as basic principles for protection of the expression of folklore art-literature.

2.2 Subject of protection

Folklore art-literature works are understood as all products containing specific factors of artistic heritage are maintained and developed by internal community, or by an individual expresses traditional art-literature works of a community. These subjects may be put into four basic groups, in other word, four forms of “the expressions” of folklore art-literature:

-    Expressing by language (words), including folk tales, poetry and riddles;

-    Expressing by music, including folk songs and instrumental folk music’

- Expressing by action (body language), including folk dances, folk play and folk ceremonial art;

-   Expressing by a material being known through touch because they are in tangible form, including paintings, statue, sculptures, pottery, engraving, wood works, metal works, precious stone, fabric, carpet, cloth, musical instrument, folk architecture form.

Three first forms do not need in material. Voice does not need to be written down. Music does not need to be written in form of musical dot or notation. The expressions being performed by body (as dance) do not have to write down. But the last one, being tangible, so that they must be appeared in real material.

Article 14 and 23 in The Intellectual Property Law 2005 provided the expressions of folklore art-literature are protected.

2.3 Using the folklore art-literature works

- Using for purpose of commercial or not, by organization or individual is/not is a member of community where the folklore art-literature created, in traditional way or not, all these should be studied to provide in national law.

- The authorization issues, when it is referred, national law should determine competent licensing authority or community concerned to handle files, lisence copyright. In case of payment for copyright fee, so this fee should belong to community owning folk culture after deducting amount for the competent authority issued that licensee. State may charge tax from those earning for State budget on protection and development of folk culture.

In case of provision for the use with authorization, it should be shown together with using without licensee such as for purpose of education, illustrating of the works in fair use, creating of new work, describing of the events, news, or it was located at public place.

- For purpose of protection on folklore art-literature heritage, national law should be prohibited strictly that there is no reason for modification of folklore art-literature works (change, cut off). Organizations and individual must cite original (location) of folklore art-literature forms.

2.4 Digital environment and protection of folk art-literature

The appearance of global information network creates great advantages on communication folklore art-literature works in digital environment non-boundary, perfecting, in short time with cheep cost for copies. On the other hand, it is opportunities for illegal copy making, difficulty for control. In order to protect copyright for folklore art-literature works in digital environment, it requests to give protective method by technology and management information by electronic measures./.

Dr. Vu Manh Chu                               

Director General of Copyright Office of Vietnam




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