Folklore Intellectual Property Protection

The Chinese nation is a multi-ethnic country with a long history and a splendid culture. the national people are united, cooperative and diligent work on the vast land of China. In the long history of five thousand years, our ancestors changed from ignorance to civilization, from ancient to modern, they created much admirable excellent folk literature and art, which established a cultural foundation for the Chinese nation stand erect in the world and also pushed the development of the cultural diversity. However, the situation of protection of folklore in China is not optimistic, the folklore resources often suffer plunder and prejudice by other people. In the world, many countries who has rich folk literature and art have been built protection system for folklore and doing all kinds of efforts for the protection of folklore in worldwide. At the same time, many regional organizations and international organizations were also devoted themselves to the protection of folklore, which pushed the progress of folklore protection. However, up to now, there’s still has no uniform standard for the protection of folklore in international. Therefore, the study of the protection of folklore becomes an urgent and important task.This paper is composed by four chapters with about30,000words except for the foreword and the epilogue.The first chapter is "The Concept of Folklore and The Necessity of the Protection of Folklore ". Firstly it analyzes the definition for folklore concept of each national and international organization, based on this, it summaries out the essential characteristic of folklore.Moreover, in order to make a further understanding to folklore, the author also makes an analysis and comparison to the concept which is similar to and easy to confusion with folklore. At last, It introduces the value of the protection of folklore from the view of economic and cultural inheritance, which provides a basis for the protection of folklore both in theory and practice.The second chapter is "Current Protection Mode for Folklore in Worldwide". According to the current protection mode of folklore in worldwide, the author makes a further analysis and take the copyright law and special legislation as center to make a detail discussion.The third chapter is "The Structure of China’s Folklore Protection Mechanism". Firstly it discusses the relationship between folklore and intellectual property, and summaries out that the protection of folk must be established under the framework of intellectual property. Secondly, combined with the actual situation of China, it summaries out that the special legislation is a reasonable selection for the protection of folklore in China.