Research On The Subject Of Rights Protection Of Folklore

Expressions of Folklore as an important intangible cultural heritage, is a national,state shared memory and blood. For any country, in any society, Expressions ofFolklore are very important. China, as a ancient civilizations, it has five thousandyears of history, the importance of Expressions of Folklore is it goes without saying.Began in the1960s, many countries, international organizations and experts andscholars started to focus on the researching and consecrating works of Expressions ofFolklore, keep trying in legislation and practice in order to find a suitable protectionand inheritance patterns for domestic,the tribe or region. However, as Expressions ofFolklore have some characteristics, such as the subject of rights has collective nature,the long-term nature of creation, openness of content and so on,making theExpressions of Folklore and the general protection of intellectual property objectshave some differences, and then became a stumbling block for Expressions ofFolklore to protect by the law. Theoretical circle and practical circle mainly relates tothe fields of definition of Expressions of Folklore, the rights of ownership, the rightsof content,the protect pattern and so on. This thesis attempts to study on the basis ofthese results, will focus on the subject of Expressions of Folklore, analyzing thecurrent situation of the subject of right in our current legal framework, and constructthe subject of rights system. That is: the group of creation or nation are the coresubject of right, the country as a subject of rights in exceptional circumstances. Atthe same time, analyzing the specific rights of the subject of rights, clearing thedistribution of benefits between subject of rights and inheritors, constructing rationaland conducive exercise of the rights mechanisms for subject of rights to realize thespecific rights.