Theory Of The Interest Balance Principle Application For Intellectual Property Legal Protection Of Folk Literature And Art

With the coming of global knowledge economy, the folklore has attracted manyattentions of the society from all walks of life. But it does not have complete and certainlaws and regulations to regulate folklore in China, which does not match the target ofconstructing intellectual property type society at present. Therefore, speeding up thelegislation of intellectual property rights protection is particularly urgent. It involvesmany interests of the subjects in the process of folklore’s production, circulation andcreation. As a coordinator, the laws always pursuit a balance between owners and otherstakeholders. In order to coordinate the conflicts in the process of development, folklorerights protection laws must be defined scientific and reasonably. There are similaritiesand differences between works of folklores and the ordinary ones, the same part can beincorporated into the "copyright law" regulation, the different parts need to regulate byspecial rules. In both of the copyright law and the special one, balancing interests is thebasic spirit and theoretical foundation of the folklore legal protection system.Consequently, based on the theory of intellectual property law benefit balance principle,this article setting live performance: the impression of San jie liu as an example, whichhas a legislation blank but popular, elaborate comprehensively and deeply theconnotation of the works of interests contradiction relation and the running mechanismof benefit balance mechanism, so as to provide theoretical support and institutionalsupport for the protection of folklore intellectual property. Paper contents are as follows:The first part elaborates the meaning and the characteristics of folklore, Folklore isa literature and art forms passing down through generations, which reflects the nationalspirit and the psychological characteristics of a particular group. It has thecharacteristics of integrity and individuality, regionalism and universality, stability andvariability, tangibility and invisibility. The second part summarizes the principle ofbalancing of interests, explaining the basic concept of benefit balance and balance ofinterests in intellectual property law in details, helping to understand copyright law’snecessity and its value targets. The third part mainly discusses the basic contents of theprinciple of balancing of interests in the field of copyright law, including the obligee’srights and obligations, the relationship between the interests of the creators,disseminators and users, self-interests and the social public interests. The fourth partsets the previous three parts contents as the theoretical basis, reflecting four interestrelations in the enterprises from the representative works of folklore: impression of Sanjie liu, the four relations are enterprises and local residents, businesses and tourists,enterprises and government, enterprises and new holders. The fifth part combines withthe fourth part, deliberating the use of principle of balancing interests in the folkloreprotection laws, legal protection of folklore should be focused as follows: the balanceof interests between source of folk literature and the authors of art groups and its sonworks; the balance of rights and obligations; the benefits coordinator role ofgovernment in the protection of folklore, as well as new holder of the scientific andreasonable protection.