A Study On The Copyright System Of Folk Literature And Art

"The soft strength of culture" is in a critical position in any given time in history, technological and cultural development is the inevitable trend of the new era, policies under the legal environment is the access standard to ensure steady development and following-up security of cultural undertakings. Culture is increasingly becoming one of the standards to measure a country’s comprehensive strength, the cultural strength is related to the achievement of nation’s overall goal and improvement of competitiveness; related to the national democratic governance and cohesion; related to global habitat diversity, etc. However, the rapid development of economy will not fill the bucket effect of cultural deficiencies. Folklore literature art is one piece of wood of the bucket, in this era of international cultural impact each other, the importance of folklore literature becomes more prominent under the collision of Chinese and Western cultures, it has become a consensus to protect the diversification of traditional folk cultural around the world. If China want to have a firm position in the international trend of protecting cultural property, protection of folklore literature art will lay a solid foundation to achieve this goal.Folklore art is a daily regular occurrence of ethnic minorities, rich in content, forms, and fully demonstrated the wisdom and creativity of the people of all ethnic groups, it is a symbol of the history and culture of each nation, and is an inexhaustible source of national development. But the colorful folklore literature do not get enough attention and research, especially the legal protection problem of folklore in Xinjiang region is lack of proper legal protection barrier in cultural protection practice, cultural heritage power inadequate. The trend of religious, isolated and profit in folklore makes contradictory disputes in folklore literature are upgraded, resulting in a dispensable position of legal function. Especially in the current international and domestic development of cultural cooperation agreements and policies, such as driven by the strong force of intangible cultural heritage and the Silk Road economic belt, the demand for legal protection of people in multi-ethnic area, such as Xinjiang for instance, are also become stronger. For its natural characteristics, cultural diversity and modernization process, so that Xinjiang folklore has its own particularity geographical position, has become a dilemma protection measure, the author thinks this is worth to carry out a research. In this paper, while its empirical research, under the premise of enhance protection of reality and possibility, based on our current Copyright Law (Draft Amendment third draft) to provide materials and suggestions on the issues like clarify the legislative purpose of folklore art, improve the system of subject of rights of folklore, to fully protect the legitimate rights and interests of successors, to take effective measures to ensure the sustainable development of heritage activities. Carry on the elaboration under the base of build a copyright system for local folklore art, and in the aim to improve intellectual property protection system dominated by copyright.The whole text is divided into five parts,the first part is an introduction to explain the si gnificance of this writing, writing methods, research ideas and results can be expected, g rasped the main idea of the thesis in general. In the second part, the author discussed it s tarted from the concept of folklore art, combing through the history origin, formative ca uses and characteristics of species of folklore art,summarizing and interpreting the value and features of folklore. The third part try to explore a practical method for protecting o ur copyright of folklore art through examining legislation practice of protecting folklore art in United States, Britain,France and Japan.The fourth chapter,The other typical disputes as assisted arguments,demonstrate the theoretical basis of copyright protection folklore.In the fifth chapter, the author take Kazakh folklore art, one of ethnic minority i n Xinjiang as an example,,try to examine the legitimacy of copyright protecting folklor e art under the current system of intellectual property rights form historical conditions a nd specific disputes, from the protection course of international community, regional or ganizations and other countries’ history of copyright protection of folklore, analyzes the pros and cons of the relevant mechanisms,demonstrating the feasibility of copyright pro tection of folklore in domestic environment and point a road to our own country.The fift h part, based on China’s specific legislative and judicial protection situation and existing problems, propose a protection system model based on reconstructing copyright system , and coordinating other intellectual property protection to build a complete System of p rotection of intellectual property rights.