Research On Legal Issues Of Protecting Folklore

Folklore is an important constituent of country cultural heritage, humanity's precious cultural heritage, and collective wisdom of various communities. Many countries have drawn up laws and regulations to protect folklore, also positively urged international organization to formulate international treaty on protecting folklore. But, they have not formed a complete international protection mode at present. In our country, the legislation and fundamental research on protecting folklore are draggled.First, this article obtains the implication of folklore, and carries on the definition and scope of folklore. Folklore means productions consisting of characteristic elements of the traditional literary and artistic heritage developed and maintained by a community or by individuals reflecting the traditional literary and artistic expectations of such a community.Second, in order to balance the benefit, protect energetic sentiment and dignity, and promote multiplicity of culture and development, we should give full legal protection on folklore.Third, to compare the general character and the difference of folklore and object of the general intellectual property rights, we should give folklore protecting by Folklore Right Law and Protection of Non-Matter Cultural Heritage Law.Finally, this article put forward the proposal to formulates our Folklore Right Law, folklore right should belong to the special committee of folklore; and folklore right should include three spirit rights such as the public right, indicates the source right and the respect nationality dignity right, and two economy rights such as appropriation right of use and permission right of use; Also the protection of folklore right is deadline. In view of the fact that the folklore is particular, we should carry strict limit on the folklore right differently with the general intellectual property rights, such as used with reason, used with the legal permission and used with the force.