Legal Protection And Reseach On Copyright Of Works Of Folklore

The generation works of folklore needs people of that region have rich material conditions and rich emotional experiences. Vast territory, long history, profound humanistic sensibilities and well-developed economy determine that China has rich resources of folk literary and artistic works. With the improvement of the convenience of information communication, a growing number of folk literature and art works walk into people’s horizons. It creates no less economic value than the modern works. The businessmen use it for commercial use to grab its value; the creators have them published directly with their own names to earn royalties; and some have even been displayed by the foreign performance artists in a curious and distorted manner to earn reputation and money. These not only cause mental impairment to the creators but also cause damages to the works of folk literature and art themselves. These are unable to control due to lack of laws and regulations. The three groups mentioned above didn’t share the economic benefits with neither the holders nor the creators, nor use the acquired interests to develop the folk literary and art works. While the public law protection cannot directly benefit the holders of the folk literature and art works while they are the most important factor in the development and heritage of the folk literature and art works. Thus, only when they are endowed with private rights that the above damages could be evaded and to protect the holders’ interests and holding status.The first part of this paper analyzes the definition, characteristics of works of folk literature and art on the protection of folk literary and artistic works of legal documents and ethnology and other related subjects, and the results were defined, and then clear the research object in this paper, and through the works of folk literature and art the holder of the right to expect and works of folk literature and art value of economy and other value and the current threats facing the analysis, as it should be protected by the copyright for the reality basis.The second part through the analysis of the view that the academia, analysis of the causes of works of folk literature and art not protected by copyright, which is defined, in works of folk literature and art characteristics of the ambiguous analysis lead to conflict, between it and the general theory of copyright law by the Department of and the faultiness of the existing legal documents for copyright protection of it’s based on the imperfect, and the limitations of many non copyright protection mode of initiation in academia is analyzed.The third part through the sociological theory of law and copyright origin analysis on rationality of folk literary and art works of copyright law protection, and through the re interpretation of folk literary and art works, resolved by the copyright law protection of the confusion in theory. And the current copyright theory of reflection.The fourth part through to resolve contradictions and confusion, and the difference of works of folk literature and art and modern literary works of art, works of folk literature and art can not be put completely under the current copyright law protection point of view, suggested that the State Council as soon as possible "folk literary and artistic works copyright Protection Ordinance", and the protection principle and protection rules construction.