On the Question of the Use of Folklore in Musical Works

The article analyzes the doctrinal positions regarding the concept of a musical folklore work and the approaches of the legislator to the ways of using a work of musical folklore. The subject of the study is the theoretical and practical aspects of the protection of rights to works of musical folklore. Such ways of using folklore in musical works as quoting works of folk art as part of the author's musical composition and creating original musical works based on folklore are considered. It is concluded that the use of musical folklore by quoting is essentially impossible and leads to the creation of a new musical work, which can be considered as a composite (if the folklore work has not been processed and was included in the composition of the new work without changes) or as a derivative (if the folklore work has undergone significant changes in the form of arrangement, processing, etc.). In order to commercialize and protect the rights to folklore works, it is proposed to systematize musical folklore works by creating a database of such works. The conclusion is made about the need for paid use of musical works of folklore, except in cases of non-commercial use by citizens of the country in whose territory such works were created. The received funds are proposed to accumulate in a special fund for the protection of the cultural heritage of indigenous peoples and communities. It is concluded that it is necessary to apply the norms on the protection of personal non-property rights in relation to folklore works. The holders of such rights are proposed to recognize the community within which the work was created.