For over two decades, Romanian musical industry has been encountering a constant phenomenon consisting in the apropriation of folklore musical work by its performers. For the general public, this phenomenon seems to be acceptable, as long as no natural person could claim the authorship of those works. The folklore musical work is, by essence, anonymous, collective, orally transmitted and represents the most important form of artistic display of a nation. The folklore musical works belong to the intangible cultural heritage and has to be protected against any attempts of couterfeiting. This article analysis the consequences of this phenomenon and propose efficient legal solutions for stopping it.
** Conf. univ. dr. Universitatea Româno‑Americană, avocat al Baroului Bucureşti.