Study On The Originality Of Folklore Derivative Works

In recent years, there has been a lot of intellectual property community cases about folklore derivative works and the accepted courts have conducted different verdicts. Folklore derivative works is a new concept emerged in judicial practice in recent years. The research of its originality will help to form a mature approach to protect itself and will also help to solve the problems in court practice. Moreover, the new stimulus brought by folklore derivative works will not only reproduce but also increase aesthetic appeal derived by tradition. In a word, the audience can enjoy the new art, and the folklore heritage can get continuous transmission power.This article is divided into introduction, text and conclusion, the main text have three parts.Chapter1is "the difference between the folklore, folklore works and its derivative works".By comparing the concepts and legal characteristics of folklore, folklore works and folklore derivative works, We can know that its originality is prerequisite protected by copyright law.Chapter2is "the originality standard of folklore derivative works ". This chapter is composed of originality, comparison of originality standard under different legislative purpose and the principle in the originality recognition process of folklore derivative works, ideological expression dichotomy and substantially similar+contact methods. That can set a theoretical basis for the recognition process of originality of folklore derivative works.Chapter3is "the problems and perfection in originality recognition of folklore derivative works". This chapter points out the uncertainty of derivative works and its protection; originality property uncertain; difficulty to grasp the extent of originality. At last,I try to give a proposal in a clear concept, properties, the extent of originality.