Study On Rights Subject Of Folk Literature And Art Works

Folk literature and art together with folk wisdom,embodies the national special,embodies the cultural diversity,the quickening pace of economic integration,more and more developed countries use in developing countries,the cultural heritage of the work and benefit,developing countries to create and preserve the cultural heritage of nationality but I did not get return,the unbalanced interests led to discontent in the developing world,to that end,developing countries began to exercise legal protection of folk literature and art,because of the folk literature and art belong to the intellectual work achievement,In developing countries,copyright is usually used to protect folk literature and art works.Our country is rich in traditional cultural resources and also pays attention to the culture of traditional culture.Folklore and art works are one of them,but our country has not formulated special laws for the protection of folk literature and art works,folk literature and art subject involved what problem determination and protection of the controversy,as a result,this article discusses folk literature and art subject,analysis the main body of rights that dilemma,determine the primacy of individuals for right subject,the collective subject norm for the rights of mechanism,and to exercise the rights of the Chinese folk literature and art puts forward Suggestions.Is presented in the first part,the folk literature and art,the folk literature art works and intangible cultural heritage,traditional culture,traditional knowledge,clarify the related concept limits,the folk literature and art and folklore and folk expressions of folklore to distinguish,clear the concept of folk literature and art works as specified by the object scope,the introduction of the existing about the exploration of folk literature and art subject.This paper analyzes the basic situation of the academic circles about the state theory,the collective theory and the individual theory.Discuss whether the inheritor belongs to the subject of folk literature and art and the legal position of the inheritor;The second part analyzes the plight of the identification system of the subject of rights in Chinese folk literature and art works.The main existing problems include:the absence of current laws leads to no uniform standard for the identification of the subject of rights;The collectivity of the creation of folk literature and art works is in conflict with the individualistic view of authorship in Copyright Law.Measure the interests of the source group and the inheritor.The third part identifies the status of the individual and the collective as the subject of the right,analyzes the rationality of the collective as the subject of the right,analyzes the rationality of the individual as the subject of the right and the international legislative precedents from the perspective of the labor theory of property rights,the provisions of international conventions and judicial practice.And confirm the individual superior collective normal right main body order.The fourth part,due to the source of folk literature and art groups of more scattered,source group works of folk literature and art is difficult to carry out the right,therefore,collective for the right subject,the need to explore rights representative offices,to help the collective exercise right,introduces the administrative department of the government and ngos as a representative of the right,as a representative of the rights that the rationality of the administrative department of the government to exercise their rights.