Copyright Protection Of Folk Music

Folk literature and art is very valuable culture property and spiritual wealth in the cultural heritage of human non-material, it is a traditional culture rarity of various countries, various nationalities. It's the source and foundation of innovative development of modern folk precious art. The countries all over the world generally realize enormous economic worth of the folk literature and art at present, various countries are carrying on the research and discussion of the legal protection of folk literature and art actively. Therefore, we are protecting folk literature and art from abusing and free using. We maintain obligee's right, prevent the national benefit from being damaged at the same time. Unfortunately, the copyright law of our country fails to offer the legal protection method for folk music work. So far, the copyright law of our country stipulates clearly: "It protect way stipulate separately by the State Council". But how the State Council stipulates, there is no an intact scheme at present. This is an enormous shortcoming.Since long, the folk music works have been thought simply belong to the public domain thing. Anybody may gain the benefit. Therefore, in the practice the massive dispute cases of folk music work rights often occur, sometimes the similar case's ruling is actually widely divergent. There are no concrete legal rules. Judges decide a case by discretion. Such result has violated judicature's unity. The folk music work's legal protection question must be solved urgently. Basing on the importance and the usability of folk music work, we study from the research of overseas and the international organization, analyze how to construct the folk music work copyright protection of our country. We carry on the discussion.Chapter One National Folk Music Work's Definition And The Standard Of Recognizing.Folk music work is generally refers to the music literature style. Some nationalities, the areas and even the countries, or the community's part represents look the melody, the rhythm, and art manifestations as folk musics, this kind of art are spreded by word-of-mouth communication. Compring the folk music work with the general music, we find: First, their subject of object is different. Next, the folk music work has the changeability. The folk music work's creation deadline is longer. Finally, the folk music work's copyright's content are less than the general music work's right content. In view of a music work, we may judge it from following three aspects: Firstly, whether it is originated from"the folk". Secondly, Its creation body is a colony. Thirdly, Its creation origin is influenced by region profundity.Chapter Two The Folk Music Work Legislative Protection And Practice Of Foreign Country, International Organization.Our country is at the blank condition to the folk music work copyright protection. Learning the foreign countries and the international organization's experience to protect the folk music work is an important thing to our country. The article second part introduced with emphasis national and so on US, Britain legislations and decision, as well as in international convention most representative "Bangui Agreement", "Arab Copyright Convention", "Protection Literary arts Work Bern Joint pledge" and so on massive international conventions, unfolds different manner which each national and the local treatment folk music work adopts, provided for our country's related legislation has profited from the source material.Chapter Three The Theoretical Differences And The Necessity Of Giving The Copyright Law Protection To The Folk Music Work.Through the discussions and the analysis of the two parts above, looking over international intellectual property protection development and our country actual situation, in the theory session, still there are differences to its protection in our country at present. The opposition viewpoint thought:"the folk music work is public institute accumulates, the creation together, all public are authorized to use freely, but should not to be limited."But supporter's viewpoint thought:"the protection of folk literature art work is protecting'the reason of the human creations', the folk literature work and the modern culture are the'source'and the'class'relations. If people pay great attention to the"class", but neglect to their'source', has no alternative but saying that is a flaw."In this part, the second level enumerated three to occur separately in our country's folk music work copyright infringement case, through the case study, embarking from the solution to the folk music work copyright protection's difficult problem, obtaining why certainly establish the folk music work copyright protection system's conclusion in our country.Chapter Four The Institutional Framework Of Folk Music Work Copyright Law Protection.This part is the key content, mainly dividing three levels to carry on the elaboration: Firstly, the related concept should be clear about the folk music work copyright protection. The folk music work's collective right, the original request, the right exercise the main body are different from general copyright protection object, has concept which it includes uniquely, only when the basic concepts is clearly. We can construct the strict legal framework. Secondly, we should be clear about the right content of folk music work copyright protection. Because the folk music works are particularity, their right contents are limited. Thirdly, we should be clear about the copyright protection limit of the folk music work. The biggest barrier of folk music work copyright protection is how to determine the limit of the folk music work rights. Balancing the conflicts of interest between the public music work and the folk music work right, we can urge the general music work and the folk music work communal development and progress."The West Folk Song"case,"Wu Suli Barcarolle"case,"Real Man Song"case and so on, Copyright disputes appear in abundance. The traditional copyright law is unable to protect the folk music work right well. Our country urgently needs to construct the new legal regime to protect the folk music work. I hope everybody pay attention to the protection of folk music work value, found reasonable solves of copyright protection, made up our country folk music work protection legal blank.