On Legal Protection Of Folklore

In recent years, many countries, organizations and scholars are concerned about the problem of the legal protection of folklore. As there is no unified standard for the legal protection of folklore, there is no unified system of international protection.Protection of the existing international treaties folklore and legislation in many countries have chosen Tunisia copyright protection mode model law will include traditional folk literary and artistic works of intellectual property protection. Drafted by the National Copyright Administration of China," Copyright Protection of Folk Literature and Artistic Works Ordinance(Revised)" seems to choose the copyright law to protect folklore. However,is the copyright mode really the best option? With the theory and practice for folklore in-depth, many countries found that the copyright model have limitations in protection scope, duration, and other aspects. More and more countries and scholars tend to choose the special rights of folklore protection mode, some scholars even advocate the adoption of comprehensive protection mode. The lack of uniform international standards, the protection of folklore mode, manner and scope are different in different countries. A country rich in folklore resources like China , is imminent in building a folklore protection system. In short of the enforcement legislation related to protection, folklore in our country are in lost;folklore keepers faces the problem of no relief distortions. In order to protect the folklore, firstly, we must choose a right protection mode .Through theoretical analysis and the practice that countries have take, we know that folklore have characteristics of national, regional and cultural. It is a refraction of a nation or culture, it is a living state of the non-material cultural heritage. By the fact of characteristics of folklore, we should give folklore a different protection mode from traditional intellectual property . Protection of folklore in our country still exist problems, I believe that special right protection system is a reasonable choice for us. By drafting the subject, object, content, and limit of folklore, we can make sure folklore will play an irraplaceable part in our culture an economic development.