On Legal Protection Of Tibet Opera

Living in the region of profound culture, the author feels deeply that the traditional culture has elapsed seriously because of the lack of according statutes. The essay will choose the local traditional opera Tibet opera which can present the Tibet culture most, and discuss its legal protection, specially the protection under the system of intellectual property rights.The essay is composed of five chapters, except the foreword and the conclusion:The first chapter is the summary of the Tibet opera and the relative researches. The firs section introduces the origin and its history evolution; the second section introduces the traits of the Tibet opera and its numeral categories and schools; the third section introduces the cultural and industrial value of the research of the Tibet opera.The second chapter defines the Tibet opera legally and establishes the protection structure. The first section defines the Tibet opera as the expression of folklore which belongs to the intangible cultural heritage after figuring out the relative legal terms. The second section analyzes the status in quo of the legal protection of the Tibet opera, and considering that the Tibet has both the private and public attribute, establishes the dual protection mode of both the private law and public law. It means that the Tibet opera should be protected mainly by the intellectual property as the expression of folklore, and subsidiary by the public law as the intangible cultural heritage.The third chapter establishes the protection mode which means the Tibet opera as expression of folklore is protected by special right under the system of intellectual property. The first section analyzes the Tibet opera has the attribute of intellectual product, so it is a kind of intellectual product; the second section introduces the international pact and legal protection modes of the expression of folklore; the third section analyzes the disadvantages of the copyright protection mode of the expression of folklore. Because the specialty of the expression of folklore and the principle of the copyright repels each other, the copyrights mode can not provide sufficient protection for the expression of folklore. Because of the enrichment of the expression of folklore, we should establish a protection mode under the system of intellectual property in which the Tibet opera is protected by a special right different from the other intellectual property rights; the fourth section establishes the specific content of the exclusive right of expression of folklore.The fourth chapter analyzes the legal relationship of the Tibet opera as expression of folklore. The first section introduces the object of the legal relationship which is the comprehensive expression; the second section analyzes the subject of the legal relationship, points that the owner of the exclusive right is Tibetan nationality and the owner of the other rights is the inheritor; the third section introduces the rights and obligations of the legal relationship, whose core is the spiritual rights and the share of the benefit from the commercial using. The author also suggests establish the management committee of Tibet opera, who will present the Tibet people permit, pay and litigate and other specific things.The fifth chapter introduces the protection of Tibet opera as the intangible cultural heritage. The country and government can make dominant function in several aspects, such as establishing the list of protected objects, transforming the Tibet opera to tangible form, training the inheritors and protecting the"cultural space"of Tibet opera. At the same time, the author also encourages the participation of other subjects, in order to ensure the living protection and inheriting of the Tibet opera as the intangible cultural heritage.