| Folk Music is very valuable cultural treasure to the world. It also constitutes avery important part of Folk literature and art. Currently, the whole world communityhas realized the tremendous cultural and commercial value, embodied in the Folkliterature and art. Therefore, the countries all over the world and internationalorganizations have done a great effort to provide legal protection, but unfortunatelythere hasn’t been a conclusive mechanism until now. Though the copyright law inChina stipulates clearly that “It protect way stipulates separately by the State Council”,there is no other regulations at present which causes server consequence. At present,folk music simply recognizes as a work in public domain where anyone could use thework for free. This free-use of folk music brings a lot of disputes in practice, andbecause of no concrete legal regulations judges use discretion instead of clearly rulesto decide cases in this area. This kind of discretion seriously undermines thejudicature’s unity. Therefore, providing folk music a more conclusive legal protectionhas become a hot topic among the scholars. This paper defines relative concepts,compares different legal protection mechanism around the world, and provides legaladvice on how to build up a conclusive legal protection mechanism under copyrightscheme with consideration of circumstances in our country. Also, this paper isintended to help build up a legal protection mechanism for the whole folk literatureand art, by taking folk music protection as an example. First, the paper defines folk music as a group-of-people-created music, which isconstituted of melody, rhythm, composition, etc., represents the spiritual believes ofthat group and passes down to generations through oral teaching. Second, this paperpoints out the urgent to build up a legal protection mechanism for folk music throughanalyzing actual cases. Then, this paper holds that we should build up a legalprotection mechanism under our copyright scheme, by studying from the research ofoverseas and international organizations. Finally, by studying other countries relativelegislations and considering the special circumstances in our country, we could form anew department, which has the same territorial authority as provinces in China, torepresent the ethnic groups in its territory and protect their copyrights. This paper alsomakes concrete discussion on the specific rights, limitations on those rights, etc.I hope that through this paper I could bring more attention on legal protection offolk music and help to provide a conclusive legal mechanism under copyright scheme.Also, this paper could serve as an example to help build up a legal mechanism on thewhole folk literature and art protection. Therefore we could make up thelack-of-protection problem in this area in China. |
PDF Full Text Request