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141-419: This article about a folklore journal is a stub . You can help Misplaced Pages by expanding it . See tips for writing articles about academic journals . Further suggestions might be found on the article's talk page . This article about a journal on music is a stub . You can help Misplaced Pages by expanding it . See tips for writing articles about academic journals . Further suggestions might be found on

282-463: A street culture outside the purview of adults. This is also ideal where it needs to be collected; as Iona and Peter Opie demonstrated in their pioneering book Children's Games in Street and Playground . Here the social group of children is studied on its own terms, not as a derivative of adult social groups. It is shown that the culture of children is quite distinctive; it is generally unnoticed by

423-432: A binary: one individual or group who actively transmits information in some form to another individual or group. Each of these is a defined role in the folklore process. The tradition-bearer is the individual who actively passes along the knowledge of an artifact; this can be either a mother singing a lullaby to her baby, or an Irish dance troupe performing at a local festival. They are named individuals, usually well known in

564-408: A child's birthday party, including verbal lore ( Happy Birthday song ), material lore (presents and a birthday cake), special games ( Musical chairs ) and individual customs (making a wish as you blow out the candles). Each of these is a folklore artifact in its own right, potentially worthy of investigation and cultural analysis. Together they combine to build the custom of a birthday party celebration,

705-489: A community. Many objects of material folklore are challenging to classify, difficult to archive, and unwieldy to store. The assigned task of museums is to preserve and make use of these bulky artifacts of material culture. To this end, the concept of the living museum has developed, beginning in Scandinavia at the end of the 19th century. These open-air museums not only display the artifacts, but also teach visitors how

846-659: A compound of folk and lore , was coined in 1846 by the Englishman William Thoms , who contrived the term as a replacement for the contemporary terminology of "popular antiquities" or "popular literature". The second half of the word, lore , comes from Old English lār 'instruction'. It is the knowledge and traditions of a particular group frequently passed along by word of mouth. The concept of folk has varied over time. When Thoms first created this term, folk applied only to rural, frequently poor, and illiterate peasants. A more modern definition of folk

987-520: A direct approach to the infringing party in order to settle the dispute out of court. "... by 1978, the scope was expanded to apply to any 'expression' that has been 'fixed' in any medium, this protection granted automatically whether the maker wants it or not, no registration required." With older technology like paintings, books, phonographs, and film, it is generally not feasible for consumers to make copies on their own, so producers can simply require payment when transferring physical possession of

1128-780: A fixed period, after which the copyright expired. It was "An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or the Purchasers of such Copies, during the Times therein mentioned." The act also alluded to individual rights of the artist. It began, "Whereas Printers, Booksellers, and other Persons, have of late frequently taken the Liberty of Printing ... Books, and other Writings, without

1269-490: A nation that has domestic copyright laws or adheres to a bilateral treaty or established international convention such as the Berne Convention or WIPO Copyright Treaty . Improper use of materials outside of legislation is deemed "unauthorized edition", not copyright infringement. Statistics regarding the effects of copyright infringement are difficult to determine. Studies have attempted to determine whether there

1410-516: A problem to be solved, but as a tremendous opportunity. In the diversity of American folklife, we find a marketplace teeming with the exchange of traditional forms and cultural ideas, a rich resource for Americans". This diversity is celebrated annually at the Smithsonian Folklife Festival and many other folklife fests around the country. There are numerous other definitions. According to William Bascom major article on

1551-417: A product of an individual, with attendant rights. The most significant point is that patent and copyright laws support the expansion of the range of creative human activities that can be commodified. This parallels the ways in which capitalism led to the commodification of many aspects of social life that earlier had no monetary or economic value per se. Copyright has developed into a concept that has

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1692-605: A scripted combination of multiple artifacts which have meaning within their social group. Folklorists divide customs into several different categories. A custom can be a seasonal celebration , such as Thanksgiving or New Year's . It can be a life cycle celebration for an individual, such as baptism, birthday or wedding. A custom can also mark a community festival or event; examples of this are Carnival in Cologne or Mardi Gras in New Orleans . This category also includes

1833-509: A shift in purpose and meaning. There are many reasons for continuing to handmake objects for use, for example these skills may be needed to repair manufactured items, or a unique design might be required which is not (or cannot be) found in the stores. Many crafts are considered as simple home maintenance, such as cooking, sewing and carpentry. For many people, handicrafts have also become an enjoyable and satisfying hobby. Handmade objects are often regarded as prestigious, where extra time and thought

1974-411: A significant effect on nearly every modern industry, including not just literary work, but also forms of creative work such as sound recordings , films , photographs , software , and architecture . Often seen as the first real copyright law, the 1709 British Statute of Anne gave authors and the publishers to whom they did chose to license their works, the right to publish the author's creations for

2115-412: A single word is insufficient to comprise a copyright work. However, single words or a short string of words can sometimes be registered as a trademark instead. Copyright law recognizes the right of an author based on whether the work actually is an original creation , rather than based on whether it is unique ; two authors may own copyright on two substantially identical works, if it is determined that

2256-426: A small sampling of objects and skills that are included in studies of material culture. Customary culture is remembered enactment, i.e. re-enactment. It is the patterns of expected behavior within a group, the "traditional and expected way of doing things" A custom can be a single gesture , such as thumbs down or a handshake . It can also be a complex interaction of multiple folk customs and artifacts as seen in

2397-450: A social event during the winter months, or the gifting of a quilt to signify the importance of the event. Each of these—the traditional pattern chosen, the social event, and the gifting—occur within the broader context of the community. Even so, when considering context, the structure and characteristics of performance can be recognized, including an audience, a framing event, and the use of decorative figures and symbols, all of which go beyond

2538-400: A swell in popular interest in folk traditions, these community celebrations are becoming more numerous throughout the western world. While ostensibly parading the diversity of their community, economic groups have discovered that these folk parades and festivals are good for business. All shades of people are out on the streets, eating, drinking and spending. This attracts support not only from

2679-518: A tangible medium of expression" to obtain copyright protection. US law requires that the fixation be stable and permanent enough to be "perceived, reproduced or communicated for a period of more than transitory duration". Similarly, Canadian courts consider fixation to require that the work be "expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance". Note this provision of US law: c) Effect of Berne Convention.—No right or interest in

2820-572: A whole, even as it continues to be a point of discussion within the field itself. The term folkloristics , along with the alternative name folklore studies , became widely used in the 1950s to distinguish the academic study of traditional culture from the folklore artifacts themselves. When the American Folklife Preservation Act (Public Law 94-201) was passed by the U.S. Congress in January 1976, to coincide with

2961-612: A whole. A right to profit from the work has been the philosophical underpinning for much legislation extending the duration of copyright, to the life of the creator and beyond, to their heirs. Yet scholars like Lawrence Lessig have argued that copyright terms have been extended beyond the scope imagined by the Framers. Lessig refers to the Copyright Clause as the "Progress Clause" to emphasize the social dimension of intellectual property rights. The original length of copyright in

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3102-610: A wide range of creative, intellectual, or artistic forms, or "works". Specifics vary by jurisdiction , but these can include poems , theses , fictional characters , plays and other literary works , motion pictures , choreography , musical compositions, sound recordings , paintings , drawings , sculptures , photographs , computer software , radio and television broadcasts , and industrial designs . Graphic designs and industrial designs may have separate or overlapping laws applied to them in some jurisdictions. Copyright does not cover ideas and information themselves, only

3243-543: A work eligible for protection under this title may be claimed by virtue of, or in reliance upon, the provisions of the Berne Convention, or the adherence of the United States thereto. Any rights in a work eligible for protection under this title that derive from this title, other Federal or State statutes, or the common law, shall not be expanded or reduced by virtue of, or in reliance upon, the provisions of

3384-566: A work must meet minimal standards of originality in order to qualify for copyright, and the copyright expires after a set period of time (some jurisdictions may allow this to be extended). Different countries impose different tests, although generally the requirements are low; in the United Kingdom there has to be some "skill, labour, and judgment" that has gone into it. In Australia and the United Kingdom it has been held that

3525-492: Is "not idle speculation… Decades of fieldwork have demonstrated conclusively that these groups do have their own folklore." In this modern understanding, folklore is a function of shared identity within any social group. This folklore can include jokes, sayings, and expected behavior in multiple variants, always transmitted in an informal manner. For the most part, it will be learned by observation, imitation, repetition, or correction by other group members. This informal knowledge

3666-457: Is a distinct branch of folklore that deals with activities passed on by children to other children, away from the influence or supervision of an adult. Children's folklore contains artifacts from all the standard folklore genres of verbal, material, and customary lore; it is however the child-to-child conduit that distinguishes these artifacts. For childhood is a social group where children teach, learn and share their own traditions, flourishing in

3807-476: Is a monetary loss for industries affected by copyright infringement by predicting what portion of pirated works would have been formally purchased if they had not been freely available. Other reports indicate that copyright infringement does not have an adverse effect on the entertainment industry, and can have a positive effect. In particular, a 2014 university study concluded that free music content, accessed on YouTube , does not necessarily hurt sales, instead has

3948-678: Is a social group that includes two or more people with common traits who express their shared identity through distinctive traditions. "Folk is a flexible concept which can refer to a nation as in American folklore or to a single family. " This expanded social definition of folk supports a broader view of the material, i.e., the lore, considered to be folklore artifacts . These now include all "things people make with words (verbal lore), things they make with their hands (material lore), and things they make with their actions (customary lore)". Folklore are no longer considered to be limited to that which

4089-404: Is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work , usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright

4230-400: Is also transmitted within a group, remains a practical hygiene and health issue and does not rise to the level of a group-defining tradition. Tradition is initially remembered behavior; once it loses its practical purpose, there is no reason for further transmission unless it has been imbued with meaning beyond the initial practicality of the action. This meaning is at the core of folkloristics,

4371-485: Is as close as folklorists can come to observing the transmission and social function of this folk knowledge before the spread of literacy during the 19th century. As we have seen with the other genres, the original collections of children's lore and games in the 19th century was driven by a fear that the culture of childhood would die out. Early folklorists, among them Alice Gomme in Britain and William Wells Newell in

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4512-404: Is enmeshed in a multitude of differing identities and their concomitant social groups. The first group that each of us is born into is the family, and each family has its own unique family folklore . As a child grows into an individual, its identities also increase to include age, language, ethnicity, occupation, etc. Each of these cohorts has its own folklore, and as one folklorist points out, this

4653-541: Is found in an issue of the Journal of American Folklore , published in 1975, which is dedicated exclusively to articles on women's folklore, with approaches that had not come from a man's perspective. Other groups that were highlighted as part of this broadened understanding of the folk group were non-traditional families , occupational groups, and families that pursued the production of folk items over multiple generations. Folklorist Richard Dorson explained in 1976 that

4794-451: Is found in hex signs on Pennsylvania Dutch barns, tin man sculptures made by metalworkers, front yard Christmas displays, decorated school lockers, carved gun stocks, and tattoos. "Words such as naive, self-taught, and individualistic are used to describe these objects, and the exceptional rather than the representative creation is featured." This is in contrast to the understanding of folklore artifacts that are nurtured and passed along within

4935-559: Is intended to organize and categorize the folklore artifacts; they provide common vocabulary and consistent labeling for folklorists to communicate with each other. That said, each artifact is unique; in fact, one of the characteristics of all folklore artifacts is their variation within genres and types. This is in direct contrast to manufactured goods, where the goal in production is to create identical products, and any variations are considered mistakes. It is, however, just this required variation that makes identification and classification of

5076-525: Is not just any conversation, but words and phrases conforming to a traditional configuration recognized by both the speaker and the audience. For narrative types , by definition, they have a consistent structure and follow an existing model in their narrative form. As just one simple example, in English, the phrase "An elephant walks into a bar…" instantaneously flags the following text as a joke . It might be one you have already heard, but it might be one that

5217-416: Is not something one can typically gain from a formal school curriculum or study in the fine arts . Instead, these traditions are passed along informally from one individual to another, either through verbal instruction or demonstration. The academic study of folklore is called folklore studies or folkloristics, and it can be explored at the undergraduate, graduate, and Ph.D. levels. The word folklore ,

5358-411: Is old or obsolete. These folk artifacts continue to be passed along informally, as a rule anonymously, and always in multiple variants. The folk group is not individualistic; it is community-based and nurtures its lore in community. "As new groups emerge, new folklore is created… surfers, motorcyclists, computer programmers ". In direct contrast to high culture , where any single work of a named artist

5499-434: Is protected by copyright law , folklore is a function of shared identity within a common social group. Having identified folk artifacts, the professional folklorist strives to understand the significance of these beliefs, customs, and objects for the group, since these cultural units would not be passed along unless they had some continued relevance within the group. That meaning can, however, shift and morph; for example,

5640-578: Is spent in their creation and their uniqueness is valued. For the folklorist, these hand-crafted objects embody multifaceted relationships in the lives of the craftspeople and the users, a concept that has been lost with mass-produced items that have no connection to an individual craftsperson. Many traditional crafts, such as ironworking and glass-making, have been elevated to the fine or applied arts and taught in art schools; or they have been repurposed as folk art , characterized as objects whose decorative form supersedes their utilitarian needs. Folk art

5781-403: Is still transmitted orally and, indeed, continues to be generated in new forms and variants at an alarming rate. Below is listed a small sampling of types and examples of verbal lore. The genre of material culture includes all artifacts that can be touched, held, lived in, or eaten. They are tangible objects with a physical or mental presence, either intended for permanent use or to be used at

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5922-701: Is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works , distribution, public performance , and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial rights". This means that copyrights granted by

6063-669: Is the complex balance of continuity over change in both their design and their decoration. In Europe, prior to the Industrial Revolution , everything was made by hand. While some folklorists of the 19th century wanted to secure the oral traditions of the rural folk before the populace became literate, other folklorists sought to identify hand-crafted objects before their production processes were lost to industrial manufacturing. Just as verbal lore continues to be actively created and transmitted in today's culture, so these handicrafts can still be found all around us, with possibly

6204-540: Is used in discussions of material lore. Both formulations offer different perspectives on the same folkloric understanding, specifically that folklore artifacts need to remain embedded in their cultural environment if we are to gain insight into their meaning for the community. The concept of cultural (folklore) performance is shared with ethnography and anthropology among other social sciences. The cultural anthropologist Victor Turner identified four universal characteristics of cultural performance: playfulness, framing ,

6345-428: Is used to confirm and reinforce the identity of the group. It can be used both internally within the group to express their common identity, for example in an initiation ceremony for new members. It can also be used externally to differentiate the group from outsiders, like a folk dance demonstration at a community festival. Significant to folklorists here is that there are two opposing but equally valid ways to use this in

6486-779: The Bicentennial Celebration , folkloristics in the United States came of age. "…[Folklife] means the traditional expressive culture shared within the various groups in the United States: familial, ethnic, occupational, religious, regional; expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, handicraft; these expressions are mainly learned orally, by imitation, or in performance, and are generally maintained without benefit of formal instruction or institutional direction." Added to

6627-614: The Copyright Law in United States , the Copyright Office concluded that many diverse aspects of the current moral rights patchwork – including copyright law's derivative work right, state moral rights statutes, and contract law – are generally working well and should not be changed. Further, the Office concludes that there is no need for the creation of a blanket moral rights statute at this time. However, there are aspects of

6768-637: The European Union require their member states to comply with them. All member states of the World Trade Organization are obliged to establish minimum levels of copyright protection. Nevertheless, important differences between the national regimes continue to exist. The original holder of the copyright may be the employer of the author rather than the author themself if the work is a " work for hire ". For example, in English law

6909-619: The Halloween celebration of the 21st century is not the All Hallows' Eve of the Middle Ages and even gives rise to its own set of urban legends independent of the historical celebration; the cleansing rituals of Orthodox Judaism were originally good public health in a land with little water, but now these customs signify for some people identification as an Orthodox Jew. By comparison, a common action such as tooth brushing , which

7050-616: The Historic–Geographic Method , a methodology that dominated folkloristics in the first half of the 20th century. When William Thoms first published his appeal to document the verbal lore of the rural populations, it was believed these folk artifacts would die out as the population became literate. Over the past two centuries, this belief has proven to be wrong; folklorists continue to collect verbal lore in both written and spoken form from all social groups. Some variants might have been captured in published collections, but much of it

7191-533: The Internet , creating a much bigger threat to producer revenue. Some have used digital rights management technology to restrict non-playback access through encryption and other means. Digital watermarks can be used to trace copies, deterring infringement with a more credible threat of legal consequences. Copy protection is used for both digital and pre-Internet electronic media. For a work to be considered to infringe upon copyright, its use must have occurred in

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7332-619: The Middle Ages in Europe, there was generally a lack of any concept of literary property due to the general relations of production, the specific organization of literary production and the role of culture in society. The latter refers to the tendency of oral societies, such as that of Europe in the medieval period, to view knowledge as the product and expression of the collective, rather than to see it as individual property. However, with copyright laws, intellectual production comes to be seen as

7473-487: The RIAA are increasingly targeting the file sharing home Internet user. Thus far, however, most such cases against file sharers have been settled out of court. ( See Legal aspects of file sharing ) In most jurisdictions the copyright holder must bear the cost of enforcing copyright. This will usually involve engaging legal representation, administrative or court costs. In light of this, many copyright disputes are settled by

7614-566: The Smithsonian Folklife Festival celebrated each summer on the Mall in Washington, DC. A fourth category includes customs related to folk beliefs . Walking under a ladder is just one of many symbols considered unlucky . Occupational groups tend to have a rich history of customs related to their life and work, so the traditions of sailors or lumberjacks . The area of ecclesiastical folklore , which includes modes of worship not sanctioned by

7755-750: The United International Bureaux for the Protection of Intellectual Property signed the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations . In 1996, this organization was succeeded by the founding of the World Intellectual Property Organization , which launched the 1996 WIPO Performances and Phonograms Treaty and the 2002 WIPO Copyright Treaty , which enacted greater restrictions on

7896-409: The 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit – using notices of this form may reduce

8037-500: The American Folklore Society brought the behavioral approach into open debate among folklorists. In 1972 Richard Dorson called out the "young Turks" for their movement toward a behavioral approach to folklore. This approach "shifted the conceptualization of folklore as an extractable item or 'text' to an emphasis on folklore as a kind of human behavior and communication. Conceptualizing folklore as behavior redefined

8178-446: The Berne Convention, or the adherence of the United States thereto. Before 1989, United States law required the use of a copyright notice, consisting of the copyright symbol (©, the letter C inside a circle; Unicode U+00A9 © COPYRIGHT SIGN ), the abbreviation "Copr.", or the word "Copyright", followed by the year of the first publication of the work and the name of the copyright holder. Several years may be noted if

8319-433: The Berne Convention. As soon as a work is "fixed", that is, written or recorded on some physical medium, its author is automatically entitled to all intellectual property rights in the work, and to any derivative works unless and until the author explicitly disclaims them, or until the rights expires. The Berne Convention also resulted in foreign authors being treated equivalently to domestic authors, in any country signed onto

8460-619: The Consent of the Authors ;... to their very great Detriment, and too often to the Ruin of them and their Families:". A right to benefit financially from the work is articulated, and court rulings and legislation have recognized a right to control the work, such as ensuring that the integrity of it is preserved. An irrevocable right to be recognized as the work's creator appears in some countries' copyright laws. The Copyright Clause of

8601-528: The Copyright, Designs and Patents Act 1988 provides that if a copyrighted work is made by an employee in the course of that employment, the copyright is automatically owned by the employer which would be a "Work for Hire". Typically, the first owner of a copyright is the person who created the work i.e. the author . But when more than one person creates the work, then a case of joint authorship can be made provided some criteria are met. Copyright may apply to

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8742-561: The History and Folklore Section of the American Folklore Society and concerned with the connections of folklore with history, as well as the history of folklore studies. Lacking context, folklore artifacts would be uninspiring objects without any life of their own. It is only through performance that the artifacts come alive as an active and meaningful component of a social group; the intergroup communication arises in

8883-537: The Second World War, folklorists began to articulate a more holistic approach toward their subject matter. In tandem with the growing sophistication in the social sciences , attention was no longer limited to the isolated artifact, but extended to include the artifact embedded in an active cultural environment. One early proponent was Alan Dundes with his essay "Texture, Text and Context", first published 1964. A public presentation in 1967 by Dan Ben-Amos at

9024-586: The Statute of Anne. While the national law protected authors' published works, authority was granted to the states to protect authors' unpublished works. The most recent major overhaul of copyright in the US, the 1976 Copyright Act , extended federal copyright to works as soon as they are created and "fixed", without requiring publication or registration. State law continues to apply to unpublished works that are not otherwise copyrighted by federal law. This act also changed

9165-663: The U.S. economy at least $ 29.2 billion in lost revenue each year." An August 2021 report by the Digital Citizens Alliance states that "online criminals who offer stolen movies, TV shows, games, and live events through websites and apps are reaping $ 1.34 billion in annual advertising revenues." This comes as a result of users visiting pirate websites who are then subjected to pirated content, malware, and fraud. According to World Intellectual Property Organisation , copyright protects two types of rights. Economic rights allow right owners to derive financial reward from

9306-537: The US. The Berne International Copyright Convention of 1886 finally provided protection for authors among the countries who signed the agreement, although the US did not join the Berne Convention until 1989. In the US, the Constitution grants Congress the right to establish copyright and patent laws. Shortly after the Constitution was passed, Congress enacted the Copyright Act of 1790 , modeling it after

9447-499: The Union to prescribe that works in general or any specified categories of works shall not be protected unless they have been fixed in some material form." Some countries do not require that a work be produced in a particular form to obtain copyright protection. For instance, Spain, France, and Australia do not require fixation for copyright protection. The United States and Canada, on the other hand, require that most works must be "fixed in

9588-639: The United States was 14 years, and it had to be explicitly applied for. If the author wished, they could apply for a second 14‑year monopoly grant, but after that the work entered the public domain , so it could be used and built upon by others. In many jurisdictions of the European continent, comparable legal concepts to copyright did exist from the 16th century on but did change under Napoleonic rule into another legal concept: authors' rights or creator's right laws, from French: droits d'auteur and German Urheberrecht . In many modern-day publications

9729-520: The United States, Constitution (1787) authorized copyright legislation: "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." That is, by guaranteeing them a period of time in which they alone could profit from their works, they would be enabled and encouraged to invest the time required to create them, and this would be good for society as

9870-603: The United States, felt a need to capture the unstructured and unsupervised street life and activities of children before it was lost. This fear proved to be unfounded. In a comparison of any modern school playground during recess and the painting of "Children's Games" by Pieter Breugel the Elder we can see that the activity level is similar, and many of the games from the 1560 painting are recognizable and comparable to modern variations still played today. These same artifacts of childlore, in innumerable variations, also continue to serve

10011-464: The article's talk page . Folklore Folklore is the body of expressive culture shared by a particular group of people , culture or subculture . This includes oral traditions such as tales , myths , legends , proverbs , poems , jokes , and other oral traditions. This also includes material culture , such as traditional building styles common to the group. Folklore also encompasses customary lore, taking actions for folk beliefs, and

10152-413: The artifacts and turn them into something else; so Old McDonald's farm is transformed from animal noises to the scatological version of animal poop. This childlore is characterized by "its lack of dependence on literary and fixed form. Children…operate among themselves in a world of informal and oral communication, unimpeded by the necessity of maintaining and transmitting information by written means". This

10293-455: The authors even after the authors have transferred their economic rights. In some EU countries, such as France, moral rights last indefinitely. In the UK, however, moral rights are finite. That is, the right of attribution and the right of integrity last only as long as the work is in copyright. When the copyright term comes to an end, so too do the moral rights in that work. This is just one reason why

10434-477: The authors even after the authors have transferred their economic rights. This means that even where, for example, a film producer or publisher owns the economic rights in a work, in many jurisdictions the individual author continues to have moral rights. Recently, as a part of the debates being held at the US Copyright Office on the question of inclusion of Moral Rights as a part of the framework of

10575-423: The business community, but also from federal and state organizations for these local street parties. Paradoxically, in parading diversity within the community, these events have come to authenticate true community, where business interests ally with the varied (folk) social groups to promote the interests of the community as a whole. This is just a small sampling of types and examples of customary lore. Childlore

10716-700: The calculation of copyright term from a fixed term (then a maximum of fifty-six years) to "life of the author plus 50 years". These changes brought the US closer to conformity with the Berne Convention, and in 1989 the United States further revised its copyright law and joined the Berne Convention officially. Copyright laws allow products of creative human activities, such as literary and artistic production, to be preferentially exploited and thus incentivized. Different cultural attitudes, social organizations, economic models and legal frameworks are seen to account for why copyright emerged in Europe and not, for example, in Asia. In

10857-505: The community as knowledgeable in their traditional lore. They are not the anonymous "folk", the nameless mass without of history or individuality. The audience of this performance is the other half in the transmission process; they listen, watch, and remember. Few of them will become active tradition-bearers; many more will be passive tradition-bearers who maintain a memory of this specific traditional artifact, in both its presentation and its content. Copyright law A copyright

10998-457: The complexity of the interpretation, the birthday party for a seven-year-old will not be identical to the birthday party for that same child as a six-year-old, even though they follow the same model. For each artifact embodies a single variant of a performance in a given time and space. The task of the folklorist becomes to identify within this surfeit of variables the constants and the expressed meaning that shimmer through all variations: honoring of

11139-458: The concepts throughout the years have been mingled globally, due to international treaties and contracts, distinct differences between jurisdictions continue to exist. Creator's law was enacted rather late in German speaking states and the economic historian Eckhard Höffner argues that the absence of possibilities to maintain copyright laws in all these states in the early 19th century, encouraged

11280-472: The continent is a single example of an ethnic group parading their separateness (differential behavior ), and encouraging Americans of all stripes to show alliance to this colorful ethnic group. These festivals and parades, with a target audience of people who do not belong to the social group, intersect with the interests and mission of public folklorists , who are engaged in the documentation, preservation, and presentation of traditional forms of folklife. With

11421-479: The convention. The UK signed the Berne Convention in 1887 but did not implement large parts of it until 100 years later with the passage of the Copyright, Designs and Patents Act 1988 . Specially, for educational and scientific research purposes, the Berne Convention provides the developing countries issue compulsory licenses for the translation or reproduction of copyrighted works within the limits prescribed by

11562-605: The convention. This was a special provision that had been added at the time of 1971 revision of the convention, because of the strong demands of the developing countries. The United States did not sign the Berne Convention until 1989. The United States and most Latin American countries instead entered into the Buenos Aires Convention in 1910, which required a copyright notice on the work (such as all rights reserved ), and permitted signatory nations to limit

11703-481: The copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid

11844-580: The copyright holder reserves, or holds for their own use was once required to assert copyright, but that phrase is now legally obsolete. Almost everything on the Internet has some sort of copyright attached to it. Whether these things are watermarked, signed, or have any other sort of indication of the copyright is a different story however. In 1989 the United States enacted the Berne Convention Implementation Act , amending

11985-477: The cost of copyright registration is referred to as the poor man's copyright . It proposes that the creator send the work to themself in a sealed envelope by registered mail, using the postmark to establish the date. This technique has not been recognized in any published opinions of the United States courts. The United States Copyright Office says the technique is not a substitute for actual registration. The United Kingdom Intellectual Property Office discusses

12126-408: The creator dies, depending on the jurisdiction . Some countries require certain copyright formalities to establishing copyright, others recognize copyright in any completed work, without a formal registration. When the copyright of a work expires, it enters the public domain . The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. It

12267-609: The custom, either as performer or audience, signifies acknowledgment of that social group. Some customary behavior is intended to be performed and understood only within the group itself, so the handkerchief code sometimes used in the gay community or the initiation rituals of the Freemasons. Other customs are designed specifically to represent a social group to outsiders, those who do not belong to this group. The St. Patrick's Day Parade in New York and in other communities across

12408-456: The defining features a challenge. While this classification is essential for the subject area of folkloristics, it remains just labeling and adds little to an understanding of the traditional development and meaning of the artifacts themselves. Necessary as they are, genre classifications are misleading in their oversimplification of the subject area. Folklore artifacts are never self-contained, they do not stand in isolation but are particulars in

12549-527: The developmental function of this childlore, the artifacts themselves have been in play for centuries. Below is listed just a small sampling of types and examples of childlore and games. A case has been made for considering folk history as a distinct sub-category of folklore, an idea that has received attention from such folklorists as Richard Dorson. This field of study is represented in The Folklore Historian , an annual journal sponsored by

12690-416: The duplication was coincidental, and neither was copied from the other. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file),

12831-523: The duration of copyrights to shorter and renewable terms. The Universal Copyright Convention was drafted in 1952 as another less demanding alternative to the Berne Convention, and ratified by nations such as the Soviet Union and developing nations. The regulations of the Berne Convention are incorporated into the World Trade Organization 's TRIPS agreement (1995), thus giving the Berne Convention effectively near-global application. In 1961,

12972-410: The established church tends to be so large and complex that it is usually treated as a specialized area of folk customs; it requires considerable expertise in standard church ritual in order to adequately interpret folk customs and beliefs that originated in official church practice. Customary folklore is always a performance, be it a single gesture or a complex of scripted customs, and participating in

13113-690: The exogenous differential introduction of author's right (Italian: diritto d’autore ) in Napoleonic Italy shows that "basic copyrights increased both the number and the quality of operas, measured by their popularity and durability". The 1886 Berne Convention first established recognition of authors' rights among sovereign nations , rather than merely bilaterally. Under the Berne Convention, protective rights for creative works do not have to be asserted or declared, as they are automatically in force at creation: an author need not "register" or "apply for" these protective rights in countries adhering to

13254-434: The extensive array of other legislation designed to protect the natural and cultural heritage of the United States, this law also marks a shift in national awareness. It gives voice to a growing understanding that cultural diversity is a national strength and a resource worthy of protection. Paradoxically, it is a unifying feature, not something that separates the citizens of a country. "We no longer view cultural difference as

13395-496: The first classification system for folktales in 1910. This was later expanded into the Aarne–Thompson classification system by Stith Thompson and remains the standard classification system for European folktales and other types of oral literature. As the number of classified oral artifacts grew, similarities were noted in items that had been collected from very different geographic regions, ethnic groups, and epochs, giving rise to

13536-418: The form or manner in which they are expressed. For example, the copyright to a Mickey Mouse cartoon restricts others from making copies of the cartoon or creating derivative works based on Disney's particular anthropomorphic mouse, but does not prohibit the creation of other works about anthropomorphic mice in general, so long as they are different enough not to be judged copies of Disney's. Typically,

13677-402: The forms and rituals of celebrations such as Christmas , weddings, folk dances , and initiation rites . Each one of these, either singly or in combination, is considered a folklore artifact or traditional cultural expression . Just as essential as the form, folklore also encompasses the transmission of these artifacts from one region to another or from one generation to the next. Folklore

13818-411: The generations and subject to the same forces of conservative tradition and individual variation" that are found in all folk artifacts. Folklorists are interested in the physical form, the method of manufacture or construction, the pattern of use, as well as the procurement of the raw materials. The meaning to those who both make and use these objects is important. Of primary significance in these studies

13959-504: The holder in a civil law court, but there are also criminal infringement statutes in some jurisdictions. While central registries are kept in some countries which aid in proving claims of ownership, registering does not necessarily prove ownership, nor does the fact of copying (even without permission) necessarily prove that copyright was infringed. Criminal sanctions are generally aimed at serious counterfeiting activity, but are now becoming more commonplace as copyright collectives such as

14100-639: The incomes of many academics. Printing brought profound social changes . The rise in literacy across Europe led to a dramatic increase in the demand for reading matter. Prices of reprints were low, so publications could be bought by poorer people, creating a mass audience. In German-language markets before the advent of copyright, technical materials, like popular fiction, were inexpensive and widely available; it has been suggested this contributed to Germany's industrial and economic success. The concept of copyright first developed in England . In reaction to

14241-404: The individual within the circle of family and friends, gifting to express their value and worth to the group, and of course, the festival food and drink as signifiers of the event. The formal definition of verbal lore is words, both written and oral, that are "spoken, sung, voiced forms of traditional utterance that show repetitive patterns." Crucial here are the repetitive patterns. Verbal lore

14382-417: The items were used, with actors reenacting the everyday lives of people from all segments of society, relying heavily on the material artifacts of a pre-industrial society. Many locations even duplicate the processing of the objects, thus creating new objects of an earlier historic time period. Living museums are now found throughout the world as part of a thriving heritage industry . This list represents just

14523-431: The job of folklorists..." Folklore became a verb, an action, something that people do, not just something that they have. It is in the performance and the active context that folklore artifacts get transmitted in informal, direct communication, either verbally or in demonstration. Performance includes all the different modes and manners in which this transmission occurs. Transmission is a communicative process requiring

14664-408: The language of a folklore performance. Material culture requires some moulding to turn it into a performance. Should we consider the performance of the creation of the artifact, as in a quilting party, or the performance of the recipients who use the quilt to cover their marriage bed? Here the language of context works better to describe the quilting of patterns copied from the grandmother, quilting as

14805-416: The law of a certain state do not extend beyond the territory of that specific jurisdiction. Copyrights of this type vary by country; many countries, and sometimes a large group of countries, have made agreements with other countries on procedures applicable when works "cross" national borders or national rights are inconsistent. Typically, the public law duration of a copyright expires 50 to 100 years after

14946-487: The legally recognised rights and interests of others. Most copyright laws state that authors or other right owners have the right to authorise or prevent certain acts in relation to a work. Right owners can authorise or prohibit: Moral rights are concerned with the non-economic rights of a creator. They protect the creator's connection with a work as well as the integrity of the work. Moral rights are only accorded to individual authors and in many national laws they remain with

15087-429: The likelihood of a defense of "innocent infringement" being successful. In the UK, the publisher of a work automatically owns the copyright in the "typographical arrangement of a published work", i.e. its layout and general appearance as a published work. This copyright lasts for 25 years after the end of the year in which the edition containing that arrangement was first published. Copyrights are generally enforced by

15228-612: The moral rights regime within the UK is often regarded as weaker or inferior to the protection of moral rights in continental Europe and elsewhere in the world. The Berne Convention, in Article 6bis, requires its members to grant authors the following rights: These and other similar rights granted in national laws are generally known as the moral rights of authors. The Berne Convention requires these rights to be independent of authors' economic rights. Moral rights are only accorded to individual authors and in many national laws they remain with

15369-478: The most part self-explanatory, these categories include physical objects ( material folklore ), common sayings, expressions, stories and songs ( verbal folklore ), and beliefs and ways of doing things ( customary folklore ). There is also a fourth major subgenre defined for children's folklore and games ( childlore ), as the collection and interpretation of this fertile topic is particular to school yards and neighborhood streets. Each of these genres and their subtypes

15510-411: The necessary beat to complex physical rhythms and movements, be it hand-clapping, jump roping, or ball bouncing. Furthermore, many physical games are used to develop strength, coordination and endurance of the players. For some team games, negotiations about the rules can run on longer than the game itself as social skills are rehearsed. Even as we are just now uncovering the neuroscience that undergirds

15651-460: The next meal. Most of these folklore artifacts are single objects that have been created by hand for a specific purpose; however, folk artifacts can also be mass-produced, such as dreidels or Christmas decorations. These items continue to be considered folklore because of their long (pre-industrial) history and their customary use. All of these material objects "existed prior to and continue alongside mechanized industry. … [They are] transmitted across

15792-424: The owner's permission, often through a license. The owner's use of the property must, however, respect the legally recognised rights and interests of other members of society. So the owner of a copyright-protected work may decide how to use the work, and may prevent others from using it without permission. National laws usually grant copyright owners exclusive rights to allow third parties to use their works, subject to

15933-491: The past that continued to exist within the lower strata of society. The " Kinder- und Hausmärchen " of the Brothers Grimm (first published 1812) is the best known but by no means only collection of verbal folklore of the European peasantry of that time. This interest in stories, sayings, and songs continued throughout the 19th century and aligned the fledgling discipline of folkloristics with literature and mythology. By

16074-531: The performance and this is where transmission of these cultural elements takes place. American folklorist Roger D. Abrahams has described it thus: "Folklore is folklore only when performed. As organized entities of performance, items of folklore have a sense of control inherent in them, a power that can be capitalized upon and enhanced through effective performance." Without transmission, these items are not folklore, they are just individual quirky tales and objects. This understanding in folkloristics only occurred in

16215-506: The period of romantic nationalism in Europe. A particular figure in this development was Johann Gottfried von Herder , whose writings in the 1770s presented oral traditions as organic processes grounded in the locale. After the German states were invaded by Napoleonic France , Herder's approach was adopted by many of his fellow Germans, who systematized the recorded folk traditions and used them in their process of nation building . This process

16356-603: The potential to increase sales. According to the IP Commission Report the annual cost of intellectual property infringement to the US economy "continues to exceed $ 225 billion in counterfeit goods, pirated software, and theft of trade secrets and could be as high as $ 600 billion." A 2019 study sponsored by the US Chamber of Commerce Global Innovation Policy Center (GIPC), in partnership with NERA Economic Consulting "estimates that global online piracy costs

16497-855: The printing of "scandalous books and pamphlets", the English Parliament passed the Licensing of the Press Act 1662 , which required all intended publications to be registered with the government-approved Stationers' Company , giving the Stationers the right to regulate what material could be printed. The Statute of Anne , enacted in 1710 in England and Scotland, provided the first legislation to protect copyrights (but not authors' rights). The Copyright Act of 1814 extended more rights for authors but did not protect British from reprinting in

16638-440: The publishing of low-priced paperbacks for the masses. This was profitable for authors and led to a proliferation of books, enhanced knowledge, and was ultimately an important factor in the ascendency of Germany as a power during that century. After the introduction of creator's rights, German publishers started to follow English customs, in issuing only expensive book editions for wealthy customers. Empirical evidence derived from

16779-408: The rural poor as folk. The common feature in this expanded definition of folk was their identification as the underclass of society. Moving forward into the 20th century, in tandem with new thinking in the social sciences , folklorists also revised and expanded their concept of the folk group. By the 1960s, it was understood that social groups , i.e., folk groups, were all around us; each individual

16920-420: The same function of learning and practicing skills needed for growth. So bouncing and swinging rhythms and rhymes encourage development of balance and coordination in infants and children. Verbal rhymes like Peter Piper picked... serve to increase both the oral and aural acuity of children. Songs and chants, accessing a different part of the brain, are used to memorize series ( Alphabet song ). They also provide

17061-410: The second half of the 20th century, when the two terms " folklore performance " and "text and context" dominated discussions among folklorists. These terms are not contradictory or even mutually exclusive. As borrowings from other fields of study, one or the other linguistic formulation is more appropriate to any given discussion. Performance is frequently tied to verbal and customary lore, whereas context

17202-521: The self-representation of a community. Different genres are frequently combined with each other to mark an event. So a birthday celebration might include a song or formulaic way of greeting the birthday child (verbal), presentation of a cake and wrapped presents (material), as well as customs to honor the individual, such as sitting at the head of the table and blowing out the candles with a wish. There might also be special games played at birthday parties, which are not generally played at other times. Adding to

17343-444: The sophisticated world of adults, and quite as little affected by it. Of particular interest to folklorists here is the mode of transmission of these artifacts; this lore circulates exclusively within an informal pre-literate children's network or folk group. It does not include artifacts taught to children by adults. However children can take the taught and teach it further to other children, turning it into childlore. Or they can take

17484-403: The speaker has just thought up within the current context. Another example is the child's song Old MacDonald Had a Farm , where each performance is distinctive in the animals named, their order, and their sounds. Songs such as this are used to express cultural values (farms are important, farmers are old and weather-beaten) and teach children about different domesticated animals. Verbal folklore

17625-435: The storage medium. The equivalent for digital online content is a paywall . The introduction of the photocopier , cassette tape , and videotape made it easier for consumers to copy materials like books and music, but each time a copy was made, it lost some fidelity. Digital media like text, audio, video, and software (even when stored on physical media like compact discs and DVDs ) can be copied losslessly, and shared on

17766-412: The study of a group: you can start with an identified group in order to explore its folklore, or you can identify folklore items and use them to identify the social group. Beginning in the 1960s, a further expansion of the concept of folk began to unfold through the study of folklore. Individual researchers identified folk groups that had previously been overlooked and ignored. One notable example of this

17907-405: The study of folklore is "concerned with the study of traditional culture, or the unofficial culture" that is the folk culture, "as opposed to the elite culture, not for the sake of proving a thesis but to learn about the mass of [humanity] overlooked by the conventional disciplines." Individual folklore artifacts are commonly classified as one of three types: material, verbal or customary lore. For

18048-470: The study of folklore. With the increasing theoretical sophistication of the social sciences , it has become evident that folklore is a naturally occurring and necessary component of any social group; it is indeed all around us. Folklore does not have to be old or antiquated; it continues to be created and transmitted, and in any group, it is used to differentiate between "us" and "them." Folklore began to distinguish itself as an autonomous discipline during

18189-408: The technique and notes that the technique (as well as commercial registries) does not constitute dispositive proof that the work is original or establish who created the work. The Berne Convention allows member countries to decide whether creative works must be "fixed" to enjoy copyright. Article 2, Section 2 of the Berne Convention states: "It shall be a matter for legislation in the countries of

18330-402: The terms copyright and authors' rights are being mixed, or used as translations, but in a juridical sense the legal concepts do essentially differ. Authors' rights are, generally speaking, from the start absolute property rights of an author of original work that one does not have to apply for. The law is automatically connecting an original work as intellectual property to its creator. Although

18471-420: The topic, there are "four functions to folklore": The folk of the 19th century, the social group identified in the original term "folklore" , was characterized by being rural, illiterate, and poor. They were the peasants living in the countryside, in contrast to the urban populace of the cities. Only toward the end of the century did the urban proletariat (on the coattails of Marxist theory) become included with

18612-478: The totality of their customs and beliefs as folklore. This distinction aligned American folkloristics with cultural anthropology and ethnology , using the same techniques of data collection in their field research. This divided alliance of folkloristics between the humanities in Europe and the social sciences in America offers a wealth of theoretical vantage points and research tools to the field of folkloristics as

18753-408: The turn of the 20th century, the number and sophistication of folklore studies and folklorists had grown both in Europe and North America. Whereas European folklorists remained focused on the oral folklore of the homogenous peasant populations in their regions, the American folklorists, led by Franz Boas and Ruth Benedict , chose to consider Native American cultures in their research, and included

18894-432: The use of symbolic language, and employing the subjunctive mood . In viewing the performance, the audience leaves the daily reality to move into a mode of make-believe, or "what if?" It is self-evident that this fits well with all types of verbal lore, where reality has no place among the symbols, fantasies, and nonsense of traditional tales, proverbs, and jokes. Customs and the lore of children and games also fit easily into

19035-453: The use of technology to copy works in the nations that ratified it. The Trans-Pacific Partnership includes intellectual property provisions relating to copyright. Copyright laws and authors' right laws are standardized somewhat through these international conventions such as the Berne Convention and Universal Copyright Convention. These multilateral treaties have been ratified by nearly all countries, and international organizations such as

19176-459: The use of their works by others. Moral rights allow authors and creators to take certain actions to preserve and protect their link with their work. The author or creator may be the owner of the economic rights or those rights may be transferred to one or more copyright owners. Many countries do not allow the transfer of moral rights. With any kind of property, its owner may decide how it is to be used, and others can use it lawfully only if they have

19317-688: The utility of the object. Before the Second World War , folk artifacts had been understood and collected as cultural shards of an earlier time. They were considered individual vestigial artifacts, with little or no function in the contemporary culture. Given this understanding, the goal of the folklorist was to capture and document them before they disappeared. They were collected with no supporting data, bound in books, archived and classified more or less successfully. The Historic–Geographic Method worked to isolate and track these collected artifacts, mostly verbal lore, across space and time. Following

19458-445: The work has gone through substantial revisions. The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter  P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT ), which indicates a sound recording copyright, with the letter  P indicating a " phonorecord ". In addition, the phrase All rights reserved which indicates that

19599-436: Was associated with a common law and rooted in the civil law system. The printing press made it much cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately re- set and re-published by competitors, so printers needed a constant stream of new material. Fees paid to authors for new works were high, and significantly supplemented

19740-437: Was enthusiastically embraced by smaller nations, like Finland, Estonia, and Hungary, which were seeking political independence from their dominant neighbors. Folklore, as a field of study, further developed among 19th-century European scholars, who were contrasting tradition with the newly developing modernity . Its focus was the oral folklore of the rural peasant populations, which were considered as residues and survivals of

19881-513: Was the original folklore , the artifacts defined by William Thoms as older, oral cultural traditions of the rural populace. In his 1846 published call for help in documenting antiquities, Thoms was echoing scholars from across the European continent to collect artifacts of verbal lore. By the beginning of the 20th century, these collections had grown to include artifacts from around the world and across several centuries. A system to organize and categorize them became necessary. Antti Aarne published

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