A Discussion on the Folklore: Emphasizing the rules of free exploitation of the Folklore

Folklore is the fruit of the efforts of various human groups that have a moral and financial value and as intellectual property of indigenous peoples are considered. On the one hand, the people of the community tend to use this asset to survive in the course of their excellence. Therefore, the protection of the assets and free utilization criteria from them is very important. Law scholars have tried to analyze the mechanism of protection and exploitation based on the intellectual property rights system. But this analysis is difficult, because the system of intellectual property rights has elements such as originality, novelty, innovation, and fixation of the work, which is difficult to achieve in the manifestations of the folklore and the use of them must also have systematic rules and regulations so that these asset are not lost. So the question is how much society will have access to it and where is the domain of owners monopoly? According to the descriptive- analytical method, this paper attempts for analyzes in the folklore in the intellectual property rights, ownership, and the scope of the exploitation. Finally, it concludes that the scope of the use of folklore requires the determination of criteria and the relevant intellectual property rights standards are effective in this regard.