On Legal Protection Of Folklore Works

The major idea of this dissertation is to survey the now status of scholar research and legislation, with a point of view from in side and outside of our country. Thus bring forward a query about the traditional theories. Then the author continues to emphasize some aspects which the author want to influence the option of the mechanism taken by the government.The dissertation realizes that the conclusion drawn by theories of folkloristic may not be suitable to the scope of jurisprudence. A survey aimed at the attempts of international legislation and the practice of foreign and domestic legislation makes it clear that there are actually different approaches. Then the dissertation analyses the characteristics of the expression of folklore respectively: collective, passing from generation to generation and dissemination , unfixable and traditional. We should review the concepts and characteristics from the view of jurisprudence. At the international arena, the facts and thinking origins of the developing countries don't support their opinions strongly. We should redefine the concepts of subject,object,originality and term of protection. Relying on the traditional framework of copyright is better for object. The subject should be the individual but not the collective. The existence of public domain is necessary to copyright. At last the dissertation point out :the protection interferes with the public interest and the individual interest of the successors; the concrete types of interest :disclosure of originality and offending the perils of distortedness; encouraging the use of expressions of folklore; and fostering the consciousness of IP in the domain of traditional culture.The dissertation adopts the researching methods of comparison and positivism.