| The common term"folklore"which is used to refer to works of folk literature and art was first put forward by a British person W·J·Thomas in 1846. In the 1950s, the legal protection movements of works of folk literature and art occurred around the world. At that time, some developing countries in Africa, South America carried on various domestic legislation movements, and then requested to establish an international legal protection mechanism in order to resist to the illicit exploitation. So far, more than 40 countries in the world provide the legal protection for works of folk literature and art in their own copyright laws or the regional copyright treaties. The United Nations Educational, Scientific and Cultural Organization and the World Intellectual Property Organization have done many constructive efforts in the promotion of the legal protection level of works of folk literature and art, and they have passed successively " Formulation Model Copyright Law for Developing Nation "and " Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and other Prejudicial Actions "in the past few years. However, the legal protection system has so many defects to great scale extent that causes a great number of disputes related. As China is a country of history of thousands of years, various nationalities and rich cultural tradition, many types of folklore have been handed down from generation to generation. However, the current related legislation is so imperfect in our country that cannot fully satisfy the urgent realistic needs of the protection of folklore. Taking this fact into consideration, by inspecting various countries and international organizations'legislation, the thesis makes the general introduction to the concept of folk literature and art work, the protection scope, the right ownership, the right content and other important questions and then makes a careful analysis to current domestic related academic disputes on the...
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