by Hassan Habibat Temitayo
1.0 INTRODUCTION
African fashion is more than couture; it is the visual language of culture, memory, and identity of this beautiful part of the human’s race. It speaks of symbols, silhouettes, and textures drawn from ancient traditions, passed down through generations in the form of folklore, the communal repository of a people’s stories, art, spirituality, and way of life.
Today, these cultural expressions, which lie at the heart of African fashion, face an existential threat: appropriation and commodification by global fashion industries that mine tradition without consent or credit.
This growing crisis of cultural theft raises the urgent need for a protective legal regime which Intellectual Property Law, especially copyright law, has been positioned as a potential
shield. In Nigeria, Sections 74–76 of the Copyright Act 2022 explicitly recognize folklore as worthy of protection. Yet, the nature of folklore, its anonymity, collective ownership, and timelessness poses unique challenges to conventional IP frameworks.
This article explores, through a folklore-focused lens, the role of Intellectual Property Law in safeguarding cultural expressions in African fashion. It argues that while current laws offer some protection, much remains to be done to translate statutory recognition into meaningful
cultural justice and economic empowerment.
2.0 WHAT DO FOLKORES MEAN ?
Folklore refers to the traditional beliefs, stories, legends, customs, symbols, dances, songs, and visual representations that are developed, preserved, and transmitted by a
community over generations. In Africa, these elements, like the customs that gave birth to them, are not relics of the past, they are living expressions, continuously influencing art, dress, music, and communal life. See Owonyin v. Omotosho (1961). 1 ANLR p.304 at
p.309.
In fashion, folklore manifests in: fabric patterns (e.g., Nsibidi, Adinkra symbols), motifs and embroidery (e.g., Fulani geometric threadwork), draping and silhouettes (e.g., the buba, iro, and gele of the Yorubas) and ritual costumes (e.g., masquerade attire or ceremonial regalia like those of Egungun of the Yorubas). These inventions are not of individuals. They
are collective artistic expressions, developed organically by ethnic groups over centuries and form the backbone of Africa’s distinctive fashion identity.
3.0 WHAT ARE THE CONCEIVED THREATS TO THIS CULTURAL HERITAGE?
The globalization of fashion has led to the widespread uncredited usage of African folklore. Beyoncé was reported recently to have highlighted Adire, a traditional Nigerian textile, through her work, notably featuring it in her visual album Lemonade. Specifically, a
Maki Oh design using Adire was featured in the “Lemonade” video. Additionally, her “Black is King” project, which celebrates the African diaspora, included a “Black Parade Route” highlighting Black and African designers, showcasing the work of brands like Orange Culture, which incorporates Nigerian-inspired elements, including Adire.
Foreign designers often adopt indigenous motifs and styles without understanding their meanings or acknowledging their origins. From Valentino’s controversial Maasai-inspired collection to Stella McCartney’s use of Ankara prints without African collaboration, fashion’s
appropriation of folklore has become normalized.
This undermines cultural integrity in distorting the meaning of sacred or symbolic expressions, economic opportunities in denying communities potential revenue from their heritage and moral rights through the stripping of communities of the dignity to control their narrative. In view of this protruding dilemma, Intellectual Property Law becomes not only a tool for protection but a vehicle for cultural
redress
4.0 The Nigerian Legal Framework: Folklore under the Copyright Act 2022
Nigeria stands out as one of the few African countries to codify folklore protection in its copyright legislation. This is captured in Section 74 of the Copyright Act, 2022. Section 74 of
the Copyright Act 2022 provides that expressions of folklore are protected against unauthorized reproduction, adaptation, communication to the public, or transformation, especially where such use is for commercial purposes.
It is important to note that these rights are perpetual, collectively owned and
Non-attributive to a single author as it is communally owned and authored. This positions folklore as a national cultural asset with enforceable rights.
The Act, in Section 75 provides for the conditions for use of these cultural heritages. The said section mandates that any person or entity wishing to use folklore for gain must seek
permission from the Nigerian Copyright Commission, Pay appropriate royalties or fees and
redit the community or source of the folklore. This provision opens up licensing frameworks that can benefit communities economically and foster ethical fashion collaborations.
In a bid to give it criminal law protection, the Act criminalizes unauthorized commercial use of folklore, prescribing fines, seizure of goods, injunctions and damages. This is very pertinent as it in line with logic that these remedies, while theoretically sound, are only meaningful when backed by enforcement mechanism.
5.0 CHALLENGES
Despite its progressive posture, the African IP regime still faces significant limitations in folklore protection. These are:
1. Invisibility of Communities in Enforcement
Though the Copyright Commissions of most African countries hold the rights in trust, indigenous communities are rarely involved in licensing discussions, profit-sharing, or enforcement decisions. The laws lack clarity on how benefits flow back to the cultural custodians, I.e., the communities.
2. Low Awareness and Literacy
Many fashion stakeholders, both local designers and indigenous artisans—are unaware that there is ever any legal protection for their cultural heritage. This creates a vacuum in self-advocacy and compliance.
3. Cross-Border Enforcement Challenges
Foreign brands and designers that exploit African folklore often reside outside African jurisdiction. Without international treaties that recognize these protections, redress becomes
nearly impossible.
4. Ambiguity in Defining “cultural heritage”
What exactly qualifies as the cultural heritage of a people still seems too obscure and not properly defined. Does a modern reinterpretation of a traditional agbada count? Or are digital
prints of ancestral motifs covered? The law offers no detailed criteria, creating interpretive
gaps.
5. Weak Institutional Capacity
As an example, the Nigerian Copyright Commission is under-resourced and
bureaucratically burdened, limiting its capacity to monitor and respond to infringement cases in real time. Also, across Africa, folklore protection is still evolving. A few developments
deserve attention:
The Swakopmund Protocol (2010) which was adopted by the African Regional Intellectual Property Organization (ARIPO), the protocol encourages protection of TCEs, benefit-sharing with communities and recognition of customary laws
In another dilemma, the World Intellectual Property Organization (WIPO) has been pushing for an international legal instrument on traditional knowledge and folklore.
Progress remains slow, stalled by disagreements between developed and developing countries.
6.0 Recommendations
To better protect folklore in African fashion, several reforms and initiatives are necessary. The following are suggested:
1. Establishment of a centralized, publicly accessible digital archive of indigenous motifs, patterns, and textiles which can serve as a reference for enforcement, a tool for attribution and as a resource for designers seeking ethical collaboration
2. Also, the laws must provide active participation rights for communities.
Community trusts or cooperative societies should be empowered to license, negotiate, and collect royalties on behalf of their people.
3. Fashion schools, design institutes, and creative hubs must include IP law modules, emphasizing ethical use of folklore and the benefits of compliant practices.
4. A proper, robust and an all-inclusive sensitization campaign on IP laws and rights should be designed and properly funded.
5. Incentivize Ethical Collaboration
7.0 Conclusion
The story of African fashion is the story of African people, stitched into fabric
embroidered with memory, and patterned with folklore. But as fashion globalizes, the threat of cultural misappropriation looms large. If the vibrant motifs of African heritage are to survive commodification, legal protection must evolve from paper to practice.
The legal framework regulating IP in Africa represents a visionary departure from traditional IP structures by recognizing the value and rights inherent in cultural heritage. Yet,
the task remains unfinished. Legal recognition is only the first step. True protection of cultural expressions in African fashion demands education, enforcement, equity, and
empowerment.
By centring folklore in our IP discourse and reforming how we apply the law, Africa can transform its intangible heritage from a vulnerable relic to a valuable asset , guarded by law,
celebrated in fashion, and shared with dignity.
