Study On The Legal Protection Of Folklore

Folklore with a long history is an important constituent of a country's cultural heritage. At present, along with the economical globalization, the commercial value of Folklore is increasingly becoming importantly. However, in the process of using, the phenomenon that Folklore is twisted and defaced often takes place, which not only brings mental injuries to the original community, but also causes some economical losses.In the 1950s, some developing countries in Africa firstly proposed to protect Folklore legally. Later, more and more countries and international organizations began to realize the importance of the legal protection of Folklore. However, there is still no breakthrough in the process of international legislation for the protection of Folklore because of the divergence between the developed and developing countries. In china, the legislation and theoretical researches on Folklore is just the beginning, which is not appropriate compared with the rich Folklore.This thesis elaborates on the similarities and differences of the legal protecting system of Folklore between foreign countries and our country, and also systematically illustrates how to construct the legal protecting system of Folklore in China by unifying our country's cultural tradition, consulting the legislation protection content between the domestic and foreign nations as well as applying the contrast research method. The full text is divided into four chapters besides the introduction and the conclusion.In the first chapter, based on the synthetic analysis of the typical legislation, the writer makes a definition of Folklore and clarifies the concept of art and its legal characteristics which is different from other literature works in the way of comparison. Then through the explanation of the urgency and necessity of the protection of Folklore, the writer proposes that it is extraordinarily necessary to set up the legal protecting system of Folklore in China.In the second chapter, the writer mainly discusses about the present situation of the protection of Folklore in the agreements of international organizations, areas and the laws in various nations in order to learn form each other's strong points.The third chapter explains the existing protection of Folklore in details and makes a preliminary analysis of legislation in China.In the fourth chapter, the writer proposes some suggestions about how to construct the protection legal regime of Folklore in China. Through the analysis on the mode of legislation, the writer proposes that the legislation on Folklore in China should be in the scope of intellectual property rights. Meanwhile, the writer also proposes some suggestions on the belonging of the property of Folklore, the content and duration of the property, and the protecting duration.