Legislative Protection Of Folklore

Folklore is a valuable spiritual wealth of mankind, in the wave of globalization, the timeless, its economic value, political value, cultural value has become increasingly prominent. Developed countries folklore in the public domain for free use of the ground the rich folklore of developing countries achieve their economic and political purposes, an attempt to implement their "cultural hegemony." The developing countries of folklore as the deepening of understanding, its protection has been promoted to the form of legal protection of folklore against developed countries, the so-called theory of public ownership has formed a certain consensus. The mode in which the legal protection of folklore to give more effective protection of the current scholars have debated the issue.In view of folklore different from the ordinary characteristics of a copyright work, and through analysis of the current intellectual property system, we can consider that the current intellectual property system is not used from the beginning to explain the protection of folklore, the current copyright system and Folk Literature Art of many conflicts is obvious. Although most of the world countries, the protection of folklore will be included in the scope of copyright law, but has a growing number of scholars recognize the use of existing intellectual property system can not provide a strong folklore protection, also in the legal conflict between. Therefore, According to folklore, its own characteristics, in addition to copyright law to give special legislation with a single line of folklore is more reasonable and effective protection, the same is in line with their actual needs. Meanwhile, the comparison folklore single special legislation was considered in the theory and practice are more than simply the existing body of copyright law to modify the terms of a better solution to the conflict with the copyright system to better reflect the protection of folklore rationality and legitimacy.In the folklore of special legislation for one-way process, the need to focus on is still folklore of its own characteristics, such as sexual rights groups, inheritance and so people should be a clear legal status and provisions of the embodiment, through the folk literature Art of the particular interpretation given to their special protection from traditional copyright.