On The Subject Of The Folk Literature And Art Works

The author researches the subject of Folk Literature and Art from the point of view of copyright (copyright and the author's right will be used in the same meaning), folklore is an important component of an important non-material cultural heritage, with the socio-economic development, its potential economic value and the value of culture has increasingly come under the increasing attention of the people. Folklore is the most important source of creativity to modern literature, as well as the vehicle of cultural information and the value concept of the specific groups. In the era of information technology leading, the valuable information of folklore is often developed outside of the traditional or customary way by the subject from other community organizations or individuals. The cases involving copyright continue to emerge. The subject of folklore is to define urgently in practice. Although Recently, the protection of folklore, and other non-material heritage are showed unprecedented enthusiasm, all localities have established institutions for the protection of non-material heritage, but such protection is not enough to enable the subject's rights of folklore effective protection. The author of the paper takes a useful hint to define the subject of folklore with the current application of non-material heritage.The article, in addition to the introduction and conclusion, is divided into three chapters. Chapter 1 concludes three part, the first part of folklore is outlined, including two, the former is to define the concept of folklore, the current international inspection terms of the folklore is shown, then the connotation of folklore is analyzed; the latter is the main features of folklore, it helps to understand folklore further. The second part introduces the current domestic and international protection of folklore of the legal system, divided into three parts. The protection of the legal system of folklore is introduced on point of view of non-material heritage in the first part, focusing on its prominent position universal values and world influence, while ignoring the protection of traditional communities' interests. Section 2, in the part, the folklore with copyright protection system of the developing countries is introduced. Due to the difference of understanding to objects of the folklore, there are also large differences in definition of the subject of folklore, at last, the domestic legal system to protect folklore, the current operational laws is lower in effect in general, which are the laws of local regulations, and folklore lacks effective protection of the legal system, therefore, legal system building of folklore is much-needed improved; Section 3, the introduction of the reality of the situation of folklore is introduced in brief, showing the necessity and urgency of copyright for the subjects of folklore.Chapter 2, it concludes two parts. Part 1 the change on the subject of modern copyright is probed from the evolution of modern copyright law ,by way of being mentioned historical conditions of the birth of copyright law, the main trend of the change of the subject is as follows: from the author-centered to the publisher-centre ;the subject of the author's right from domestic one to the foreign subject; from the protection of natural persons to legal entities or the organizations in the course of the change, the scope of copyright protection in the aspect of the subject is not stable since its birth, but it is a dynamic process of development. It shows that the collectiveness of the subject is not a fundamental obstacle to protect the subject of folklore. Part 2, a conclusion that folklore should be attributed to the subject who produce folklore is drawn from the productive foundation of folklore and the analysis of the legal basis, country of the abstract subject or one person can't be the subject of folklore in principle, the nation can be reasoned the subject of folklore under the conditions of folklore without clear subject. In the course of developing and spread of folklore, the relative subjects' rights are cared for reasonably. The interests of all kinds of subjects should be paid more attention and protection. Particularly, such is of great realistic significance in the non-material cultural heritage in China's current practice of protection.Chapter3, the types of the subject's rights of folklore and the way of operation of the rights are introduced, based on the folklore of its own, the rights enjoyed by the subject of folklore are not exactly same to the rights of a modern copyright law which provides for all the right types, we know something about the subject of folklore how to exercise their rights.The difficulty this paper is how to define the relevant folklore groups, the present investigation of non-material cultural heritage protection all over the country is now in, according to folklore, and other non-material heritage of the declaration, and the subject of the rights folklore can reasonably be identified. The proposition of the author of this article is to be attained good results, which must be integrated with the country's cultural policies, as well as other laws on the folklore of cross protection.