The Study Of Folk Literature Copyright Protection

With the development of globalization, Western cultures are now pouring into our country. What’s more, the protection of the folklore works in our country is still insufficient. Scholars are now taking a dim view of the prospect in the protection of folklore works in China. This thesis, however, provides an analysis of the protection of folklore works in terms of the Copyright Law and strives to provide a protection for the folklore works in the field of the Copyright Law.This paper first analyzes the derivation of "folklore works",which is mainly aimed to explore and define both the connotation and the extension of "folklore works".Then, the paper puts forward the meaning of "folklore works" and distinguishes other similar concepts. After that, the paper not only retorts to the query about the protection of folklore works within the extent of Copyright Law, but also suggests the validity and the rationality of to incorporate "folklore works" into the protection of the Copyright Law.After solving these theoretical problems, the paper placed its focus on an international basis. Then, by analyzing regional conventions, international conventions, international organizations, and the comparisons between countries on the protection of folklore works, the paper provides a global dynamic view for the reader, aiming to provide a reference for improving the present situation of the folklore works protection in China.Then the paper turns its gaze back to the internal field, gives a clear exposition of the legislative and practical aspects of folklore works protection, especially by giving typical cases to show the absence of folklore works protection in China. Besides, the paper also points out those deficiencies in the protection of folklore works by the application of Copyright Law. In the final parts, the ending chapters suggests an idea of building and improving the copyright protection system for the folklore works in China on the basis of the discussed issues in previous chapters. Moreover, the paper points out that an effective copyright protection framework can be built by making clear the ranges of both the main part and guest part in folklore works and continuing to explore the ways of accelerating folklore works development.