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On The Protection Of Economic Rights In The Expression Of Folk Literature And Art

Posted on:2016-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y G LiuFull Text:PDF
GTID:2206330479486304Subject:Law
Abstract/Summary:PDF Full Text Request
Expressions of Folklore(Eo F) is the demonstration of cultural diversity, which has important value. The commercial use of Eo F should respect the moral rights of the owners, and the economic interests of Eo F should also be shared with the owners. The existing research realizes the importance of protecting the moral rights and the economic rights of the owners, yet only advocates that the moral rights is more important and never comes to consensus on how to protect the economic rights. However, this author finds that more and more examples show that the economic rights is the core problem of the protection of Eo F. In combination with the domestic and foreign research, this article will study the Chinese Draft Regulation on Copyright Protection of Eo F, pointing out and analyzing the deficiency of the protecting mechanism set up by this Draft, then suggesting that we should set up a system of public notice, improve the process of identifying representative organization, perfect the way of authorization, as well as the system of benefit-sharing in order to realize the protection of the economic interests of the Eo F. This article is divided into four parts: The first part introduces the concept, the relationship, and the reasons to protect the Eo F, pointing out the necessity of protecting the Eo F. The second part provides an overview of Chinese Draft Regulation on Copyright Protection of Eo F, including the domestic and international research, the legislative process, the system design, and the core issues, focusing on the protection of economic rights of the Eo F. The third part analyzes the deficiency and problems of the Draft, including the authorization mechanism is not perfect, the benefit-sharing provisions are not clear, and especially the provisions are not precise, etc. The fourth part puts forward some concrete suggestions of this author.
Keywords/Search Tags:Expressions of Folklore(EoF), Copyright Law, economic rights
PDF Full Text Request
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