Research On The Case Of Huangzixiu Against Nanning Art Theatre About Piracy Of Copyright

China is a country which has a long history and a developed civilization. As mankind enters the 21st century, people begin to pay attention to the value of works of folk literature and art among the country communication. But at the same time it produces a series of questions, for example, some countries that do not belong to use works of folk literature and art of other countries, and some have even distorted, abused and distorted them. It greatly hurts the feeling of national or ethnic origin of national that creates works of folk literature and art. Meanwhile, there are legal disputes about the copyright of works of folk literature and art. Among them, Huang Zixiu against Nanning Art Theatre is a typical example of the case of the copyright dispute cases in recent years. It once again reminded people that need to accelerate the formulation of relevant laws and regulations, It is very important significance to preserve the nation's outstanding tradition of cultural legacy,to promote the Chinese Civilization,to expand China's international influence and enhance the competition of China's cultural if we can integrate traditional works of folk literature and art into the legal protection domain of Intellectual Property Law. This thesis begins with the focus of a case about copyright piracy, and then probes legal protection on works of folk literature and art by analyzing the definition and characteristics of works of folk literature and art in order to draw a conclusion, that is, we had better not only protect the copyright and their creativity of collectors,regulators and those who have own creativity on works of folk literature and art, but also cannot integrate the public content into the scope of the legal protection domain of Intellectual Property Law if we want to protect works of folk literature and art in a better way.This thesis is divided into five parts:The first part of this thesis is about the basic fact,the decisions of the first and second trial court,the dispute of the case; The second part is key point of this article, The first section is about the work nature of "Mother and her son Visiting the Sun".The second section is whether there is "the originality" of "Mother and her son Visiting the Sun"; The third section is whether the work "Mother and her son Visiting the Sun" enjoys the copy right; The third part is whether the ballet "Mother and her son visiting the Horizon" infringes upon the copy right of the work of "Mother and her son Visiting the Sun". The first section is whether the ballet "Mother and her son visiting the Horizon" does not infringe upon the right; The second section is how to process public part of works of folk literature and art; The third section is the enlightenment of this case;The fourth part is introduced several cases which occurred in our country about works of folk literature and art, that is,the dispute of Wang Luobin transferring the folk song copyright,the dispute of signature of Liu Sammie,the dispute of the song of Wisely Barcarole about the copyright; the last part can put forward its legislative proposals on works of folk literature and art from analyzing the scope,the main body of the right,the content of the right,the term of the protection and the infringement of works of folk literature and art.