Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of 2016 (3) A notification to the Agency, made in accordance with subsection (2), shall have a declaratory function and shall not in itself constitute a right or require the documentation, recording or public disclosure of the expression of folklore. (4) Where a traditional community and a community from outside Zambia share the same expression of folklore, the Registrar shall register the holder of the expression of folklore within the Republic and maintain a record of such holding in the Register. 48. The beneficiary of an expression of folklore shall be the traditional community— (a) to whom the custody and protection of the expression of folklore is entrusted in accordance with customary laws and practices; and (b) who maintains and uses the expression of folklore as a characteristic of its traditional cultural heritage. 49. (1) An expression of folklore shall be protected against misappropriation, misuse and unlawful exploitation. (2) Despite the generality of subsection (1), the following acts are prohibited, except with the prior informed consent of the traditional community: (a) in respect of expressions of folklore other than words, signs, names and symbols— (i) the reproduction, publication, adaptation, broadcasting, public performance, communication, distribution, rental, making available to the public and fixation of the expression of folklore or any derivative of the expression of folklore; (ii) any use of the expression of folklore or adaptation of the expression of folklore which does not acknowledge, in an appropriate manner, the traditional community as the source of the expression of folklore or any derivative of the expression of folklore; (iii) any distortion, mutilation or other modification of, or other derogatory action in relation to, the expression of folklore; and 475 Beneficiary of expressions of folklore Protection of expressions of folklore against unlawful acts

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