A Discussion About The Subject Of The Folklore In The Field Of Copyright Law's Vision

In recent years, as we know much about the value of the intangible culture heritage, which including the folklore, it gains worldwide attentions from different countries. The folklore is widely distributed, and has a considerable number and variety of types, and is of great significance for the development of both the cultural heritage and economic value perspectives. In spite of thousands of existing researches about the folklore from legal and cultural area, no common cognition or understanding has been made on the basic issue that is the issue of the subject. It resulted in that the theoretical studies on the folklore were difficult in-depth. Furthermore, due to the uncertainty over the subject of the folklore, frequent disputes had emerged in practice. The author will start from profound analysis on the main characteristics and types of the subjects. Additionally, try to discuss the necessity and feasibility on the issue of protecting in both theoretical and practical significance. It is an innovation that the author put forward the criteria for classification and principles must follow on the subject of the folklore. In the process of establishing a relatively complete system of the subject, the introduction of the subject agency system, which comes from the traditional civil law, will be reasonable and effective as a transitional mechanism. Apart from that, to achieve a balance of interests among different subjects is destined to play a key role in the protection of the folklore. In long term, it will be a best solution to establish a permanent institution which could on behalf of the whole community independently, enjoy their rights and fulfill their obligations which relate to the folklore they preserved. Meanwhile, all the theoretical researches must be finally implemented in practical usage such as their rights and the restrictions on their rights. Otherwise, all the efforts will be in vain. All the discussions about the subject of the folklore provide a foothold for doing researches and protecting of the folklore, hope will do some help.