Legal Protection Model Research Of Folklore

In need of protection of folklore has been almost no objection to the issue, and theorists is the focus of controversy what kind of protection mode to protect, for the protection of folklore, countries have adopted different protection modes. The current academic model for copyright protection and special rights protected mode to discuss the two most intense. Explore the theoretical aspects and practical aspects of the special rights of protection mode obtained a more favorable view of copyright protection of folklore and there is a big difference object, I think trying to adjust to the copyright protection system in order to achieve the protection of folklore approach is not desirable to protect the folklore more reasonable option is to use special rights protected mode. The article mainly from the following parts to be discussed:The first part discusses the international protection of folklore status, introduced the model with the protection of folklore related to the basics. First, the meaning of folklore of a defined extension, in this based on the folklore related to confusing the distinction between the concept and to illustrate the protection of folklore into the copyright protection system can not be folklore in this the general object of copyright protection and the difference in depth analysis, and finally at home and abroad in the protection of folklore, the protection used on the model and the existence of copyright protection theorists, special protection of rights, neighboring rights protection, trademark protection, anti- protection, unfair competition, a brief introduction of protected mode.The second part compares the rights of copyright protected mode and special mode of the two main mode of protection of folklore, which describes the use of the theory of special rights based on protection mode, through the personality theory of intellectual property, labor theory, utilitarian analysis of findings of other folklore and the general protection of the copyright system, look for the same object of copyright protection is not appropriate, the copyright protection of folklore into the system of protection is the lack of theoretical support for. The third part of the folklore of the current protection of special rights should be protected mode is reasonable, protection of folklore by the existence of the theoretical issues and practical problems of building can be seen that we need protection of folklore a system of special rights protected mode.The fourth part, this part is the special rights of folklore protection system model built specifically envisaged in the legislative purpose, the subject of rights, the scope of protection, the right content, respectively, a detailed discussion of its own proposals. That the protection of folklore lies preservation of folklore should be given to the subject of rights the right to set different phases of people in the protection scope should learn from foreign advanced experience and the actual situation with their own set, while for private literature and art object of intellectual property protection and other general rights and obligations of the different settings in terms of combining punishment with leniency should be done.