ABSTRACT
This chapter surveys the many proposals that have been advanced over the decades for the protection of folklore/traditional cultural expressions (TCEs). It deals with a characterization of the problems that were perceived to require sui generis legislation, and also deals with an analysis of the major difficulties that beset the enterprise. On one view, the beneficiaries of protection would be the communities in whom 'the custody, care and safeguarding of the TCEs/EoF are entrusted in accordance with the customary laws and practices of the communities'. TCEs can be protected through any or all of the following three options: the establishment of exclusive property rights; of rights to equitable remuneration; and of dignitary rights. An exception for teaching, learning, and library preservation could allow public archives and libraries to make reproductions of TCEs 'for non-commercial safeguarding purposes only'. Similarly, there could be an exception for 'non-commercial research' on traditional expressions.
