Research On The Legislation Of The Main Body Of Folk Literature And Art Works In China

Currently,as people’s demand for spiritual and cultural aspects grows,the concern for folklore literary and artistic works will increase over time,and at the same time,infringement will also come along.In order to protect and promote the development of folk literary and artistic works,in 2014,the Copyright Office formulated the Regulations on Copyright Protection of Folk Literary and Artistic Works（Draft for Comments）（hereinafter briefly referred to as the Draft for Comments）.The Exposure Draft sets the subject of the rights of folk literary and artistic works as a collective,and provides that in the event of disputes arising from the use or exploitation of folk literary and artistic works,the competent administrative department of copyright shall designate a specialized agency or a representative of the copyright owner to initiate litigation on its behalf.The definition of the subject of rights is crucial to the protection and development of folklore literary and artistic works,and the lack of clarity of the subject of rights will lead to problems in the exercise of rights and the distribution of remuneration,etc.However,the Draft for Public Comments is not perfect.In terms of the exercise of rights,it is stipulated that the specific rights shall be exercised by the specialized institution and the representative of the copyright owner,but there is no specific provision on how to determine the representative of the copyright owner;as for the distribution of remuneration,the relevant provisions are still inadequate.Therefore,the article takes the subject of rights of folk literary and artistic works as the core,analyzes and summarizes the relevant issues by comparing the relevant provisions in foreign countries,combining the real situation in China and the relevant typical cases,and puts forward corresponding suggestions.First,folk literary and artistic works exist created by individuals or collectively,the status of individual subjects of rights cannot be denied just because their individual subjects of rights are difficult to be determined or for other reasons.In addition,when the real subject of rights of folk literature and art works cannot be determined or is unable to exercise the relevant rights,the state can be proposed as the subject of rights as a pocket,therefore,the scope of the subject of rights should be expanded,that is,not only the collective can become the subject of rights,individuals and the state can also become the subject of rights,to build a model of diversified subjects;second,when the subject of rights is the collective,due to the large number of the collective,in order to Second,when the subject of rights is a collective,because of the large number of collective,in order to facilitate the exercise of litigation rights,it is recommended that the grassroots government,civil society organizations and inheritors as litigation subjects to exercise litigation rights.Third,in order to support the active exercise of litigation rights,a public welfare fund for the protection of folklore works can be established to provide support and protection for the rights of litigation subjects.By clarifying the issues related to the right subjects,the Regulations on the Protection of Copyright of Folklore Literary and Artistic Works can be formulated and introduced as soon as possible,so that they can be legally protected.