Folklore Copyright Main Study

In recent years, with the development of international contacts,more and more counties discovere the potential commercial value of folklore.Since 20century of 60years, many countries have adopted legislation to protect folklore.In China,the law about folklore has not yet been produced,one of the reasons is that,it's difficult to determine the subject of folklore.Clear the subject of the right can clear the rights and obligations,can dispute troubles, it also can incentive subject to innovate and encourage them to develop,utilize and protect folklore.This paper use historical method, comparative method,empirical analysis method.Though comparing domestic and foreign similar legislation,study the historical evolution of the subject system, analyze some scholars'viewpoints based on the theory of intellectual property law,and then come to a conclusion that the subject of folklore should be diversified.This paper use four parts to discuss the subject of folklore.The first part is the preface,it introduces the background,the significance of the research,the framework and research methods.The second part mainly introduces the legal protection of the subject of folklore.In order to provide a reference,section I introduces the international and foreign legislation;section II introduces China's legislation and the judicial situation in detail.The third part describes the historical evolution of the subject of copyright, describes the coexistence of individualism and collectivism copyright of the main system for the folklore to provide a basis for the collective rights of subjects.Article IV is the key part of this paper,it is divided into four sections. Section I introduces the main principles to definite the subject of folklore.Section II introduces some scholars'viewpoints simply.Section III analyzes the various subjects of folklore.Section IV introduces how to use the right as a subject.Section V introduces the rights of folklore-related subjects.