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European Folklore in Copyright and Trade Mark Law: Clarifying the Boundaries of Intellectual Property and Cultural Heritage Protection

Hauschild, Stella LU (2025) JAEM03 20251
Department of Law
Faculty of Law
Abstract
This thesis seeks to analyse the current legal regime on copyright and trade marks in relation to classic European folklore, specifically fairy tales; and to verify whether this regime satisfies the European Union’s goals to safeguard cultural heritage in light of intellectual property protection. For that purpose, the thesis proposes a review of legislation, case law, and literature. It departs from fundamental notions on copyright, trade marks, and folklore, and then moves on to practical examples that illustrate the interrelation between these topics and the limitations (that is, the legal boundaries) of what exactly can be done when incorporating folkloric elements into works and products. Finally, it reviews these boundaries in... (More)
This thesis seeks to analyse the current legal regime on copyright and trade marks in relation to classic European folklore, specifically fairy tales; and to verify whether this regime satisfies the European Union’s goals to safeguard cultural heritage in light of intellectual property protection. For that purpose, the thesis proposes a review of legislation, case law, and literature. It departs from fundamental notions on copyright, trade marks, and folklore, and then moves on to practical examples that illustrate the interrelation between these topics and the limitations (that is, the legal boundaries) of what exactly can be done when incorporating folkloric elements into works and products. Finally, it reviews these boundaries in consideration of policy documents coming from European Union institutions (ie, the Commission and the Council of Ministers), discussing the very role that folklore and intellectual property law play in today’s society.
As such, the thesis hopes to achieve an in-depth study capable of providing clarity to both businesses and/or individuals interested in using folklore, and academics who seek to further explore this theme. It also intends to contribute to the discussion on the ever-present balance of interests that comes with intellectual property protectability - in this case, especially the access to and preservation of culture. (Less)
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author
Hauschild, Stella LU
supervisor
organization
course
JAEM03 20251
year
type
H2 - Master's Degree (Two Years)
subject
keywords
intellectual property, copyright, trade marks, cultural heritage, folklore, fairy tales, European Union and international law
language
English
id
9191642
date added to LUP
2025-06-12 11:09:58
date last changed
2025-06-12 11:09:58
@misc{9191642,
  abstract     = {{This thesis seeks to analyse the current legal regime on copyright and trade marks in relation to classic European folklore, specifically fairy tales; and to verify whether this regime satisfies the European Union’s goals to safeguard cultural heritage in light of intellectual property protection. For that purpose, the thesis proposes a review of legislation, case law, and literature. It departs from fundamental notions on copyright, trade marks, and folklore, and then moves on to practical examples that illustrate the interrelation between these topics and the limitations (that is, the legal boundaries) of what exactly can be done when incorporating folkloric elements into works and products. Finally, it reviews these boundaries in consideration of policy documents coming from European Union institutions (ie, the Commission and the Council of Ministers), discussing the very role that folklore and intellectual property law play in today’s society.
As such, the thesis hopes to achieve an in-depth study capable of providing clarity to both businesses and/or individuals interested in using folklore, and academics who seek to further explore this theme. It also intends to contribute to the discussion on the ever-present balance of interests that comes with intellectual property protectability - in this case, especially the access to and preservation of culture.}},
  author       = {{Hauschild, Stella}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{European Folklore in Copyright and Trade Mark Law: Clarifying the Boundaries of Intellectual Property and Cultural Heritage Protection}},
  year         = {{2025}},
}