A Study On Folk Literature Organizer’s Legal Protection

At present works of folk literature are facing unprecedented the serious situation in our country: folk literature works are continuously passed, large amounts of folk literature representative works without adequate protection and related information were collected by the “theft” or roughly use, some of the loss of physical data overseas by foreign use free of charge.At the same time, some local governments develop the non-material cultural heritage of the commercial mining development.Excessive development will seriously destroy the continuity of the intangible cultural heritage.However, folk literature and art’s specification and must be flexible and complete,too narrow or rigid protection may be suppressed. So the protection of folk literature and art should be broad and tolerant, for maximum flexibility The provisions of this flexibility is what makes the world not to folk literature art works make the unified rules and lead to the use of national law is not the same, some countries do not recognize on the legislative and judicial works of folk literature and art have copyright, some countries have clear rules for their rights.In order to solve the above problems, the urgent task is to clarify the difference and contact between the copyright law of the general works and works of folk literature and art of organizing people.There are two aspects,legal protection and cultural inheritance to divide organizers.Organizers protected by copyright can be thought of would-be authors; general organizers can use contract and the collection of anti-unfair competition law to protect their rights; illegal organizing people. And there are plenty of reality problems facing protection of the people:the current laws to folk literature art works sort out the rights of man rules almost blank. Its legal status cannot be clearly embodied in the law; organizing people and related ownership boundaries are not very clear leading to the interests of the organizers and related obligees imbalance;modern knowledge sharing conflict worsen sharply to solve these problems,which we need divide and conquer are nationalist resistance and resistance to the folk literature art works.