On The Protection Of Copyright For Works Of Folklore

The works of folklore is important intangible cultural heritage. With the science and technology development, the potential possibility, that new intelligent achievement is created and profits are made by using works of folklore, has become greater. Therefore, torts to works of folklore arises, strengthening the protection of works of folklore is a new problem which people are facing with. However, our country has not specifically provided the protection of works of folklore. "On the protection of copyright for works of folklore " acts as my graduation thesis, the cause is that the protection of copyright for works of folklore goes with the national stream and complies with the interests of our country which has rich works of folklore. Nowadays, some scholars in our country have studied the legal protection of works of folklore, but the study only remains that works of folklore should be brought into the limits of the protection of copyright law. The sphere of works of folklore, the attribute of the works is not clearly defined, and the subjects of rights and the exercises of rights should be more deeply studied. So, it is greatly necessary that deepen the theoretical study of the protection of works of folklore and quicken legislation. For this reason, the dissertation puts forward the way of the protection of copyright law for works of folklore, on the basis of analyzing the streamof in-and-abroad legislation and judicial protection, the connation, the value, and the basic law theory. Meanwhile, the thesis analyses some specific problems, and holds that works of folklore and the common works, they have not only generality, but also individuality. Owing to the general character, the protection of works of folklore should be brought into the system of copyright. As to the individual character, the copyright theory should be created, develop traditional copyright system, bring some national group into the sphere of the subject of copyright. At the same time, as the way of national copyright exercised, the system of the national copyright administration should be established. Certainly, the protection of copyright for works of folklore is only a main way, the protection of the administrative and criminal law is also necessary, so, the coordinate protection system of private rights and public rights is set up, which provides a good law surroundings for the fit development of works of folklore.In spite of the summarization, preface and conclusion, the dissertation includes five chapters.The first chapter mainly analyses the connation of works of folklore, concludes the characteristics, and points out the property of collective is the basic character of the works.The second chapter sets forth the value of works of folklore, from the point of view of the interests of our country and balancing the collective interests and public interests.The third chapter analyses the traditional copyright law can not effectively solve the problem of the protection of works of folklore, points out that the copyright theory should be brought forth new ideas, on the basis of traditional theory, and brings the works of folklore into the protection system of copyright.The forth chapter expounds the creation principles of works offolklore, comparatively studies the common works and works of folklore as the object of copyright, analyses the feasibility of the copyright protection of works of folklore, and points out special law of copyright can effectively protect works of folklore.The fifth chapter, firstly discusses the legislation, meanings, the scope of protection, the subject of right,- the content of right, the restraint of right, the legal status of the inheritor, the person of putting in order, the person of revising, the person of recreating of works of folklore; secondly, it expounds that the judicial protection system is set up from the point of view of judicial remedy, public lawsuit and valuing the convention law; thirdly, it analyses it is necessary to establish the coordinate protection of system of public rights and private rights; last, it analyses the means of rights exercised, and holds that national administration of copyright is an effective way of collective copyright used.The dissertation uses induction, deductive method and comparative method.