Study Of Folklore Subject Of Rights Issues

As a major part of intangible culture heritage, folklore bears the weight of reflecting the common memory and culture of a nation. How to determine the subject of right of folklore is a major problem on the legal protection of folklore. For the legal protection of folklore, the subject problem namely who owns the right of folklore, is a core problem, which is difficult and unavoidable but worth discussing.This article is divided into three parts. PartⅠ, by retrospect and analysis, makes an introduction of the folklore, including the definition, the legal characteristics. Folklore, which is limited in the field of literature and art, means the literature and art of characteristic elements of the traditional artistic heritage developed and perpetuated by a community or by individuals recognized as meeting the expectations of such community. Then this part analyses the law characteristic about folklore and other conceptions. And this part points out that the problem of the righter of folklore is the key problem about the protection of folklore. PartⅡintroduces the legislation and practice of intellectual property for the subject model of the folklore. There are three typical viewpoints:individual right model, collective right model and native right model. On the basis of a brief introduction of these models, this part analyzes the advantages and the disadvantages of each model and elicits the proper choice for the subject of the folklore. PartⅢ, a conclusion that folklore should be attributed to the subject who produce folklore is drawn from the productive foundation of folklore and the analysis of the legal basis, country of the abstract subject or one person can't be the subject of folklore in principle, the nation camber reasoned the subject of folklore under the conditions of folklore without clear subject. In the course of developing and spread of folklore, the relative subjects' rights are cared for reasonably. The interests of all kinds of subjects should be paid more attention and protection. Particularly, such is of great realistic significance in the non-material cultural.