Thinkng Of The Problems In The Copyright Protection Of Folklore

In recent years, infringement of folklore has intensified in the global range. Under the guidance of the WIPO,many countries has provided the idea support and the legal system support for the protection of folklore. Our country in the copyright law provides for the protection of it, but not for the specific problems on the protection of the provisions of the detailed, so to identify and judge of the many problems in applicable law are to be solved.This paper will refer to two typical representative of folklore’s copyright infringement cases. the face of the absence of relevant legislation.comparison with case by case, analyzing the the focal problems were analyzed. The paper aims at easing the embarrassing situation in the trial: folklore in view of the case similarity analysis, can better for the stability of the ways to solve similar problems, so as to determine the right subject and the exercise of the right way; For difference analysis case, the judge can better analyze the two cases of different reasons, which can provide feasible suggestion to the cognizance of folklore of authorship and right exercise.This paper is divided into three parts, according to problems, analysis, and the logical thinking way to solve the problem. The first chapter, the author from the social background of case occurrence, designs to show the bad environment of China’ folklore and the necessity of protection: Then reference to two cases, and instructions for the case:The dispute focus or to solve problems. The second chapter is on the first chapter put forward the dispute focus the analysis on the legal issues involved:definition and analysis of the concept, the right ownership related issues and the cognizance question of authorship. The third chapter is focus on the solution of the problem of exploration and feasible suggestions put forward.