Research On The Manage Subject Of Rights Of Folklore Works In Our Country

As an important part of traditional culture, folklore works are of great importance to the political value, historical value, economic value and cultural value. Therefore,folklore works should be protected reasonably and effectively. At the same time, we should pay attention to ensure the legal rights and interests of the subject of rights when we make its value realized. The subject of right of folklore works is collective and uncertain. In order to enable all of the rights of folklore works to operate efficiently, there should be a manage subject of rights of folklore works.The guidelines of this paper is from the perspective of the existing problems of execution subject of folklore works, based on the research background that the current situation of the weak protection and negative protection which caused by the uncertain exercising subjects of right of the folklore works. Then using copyright theory, trust system and civil agent theory and together with the current situation of legal protection of folklore at home and abroad, as well as drawing lessons from foreign experience. Combining with the relevant provisions of Copyright Protection Ordinance for Folklore Works(draft), the author puts forward some suggestions on how to improve the system of manage subjects of rights on China’s folklore works.On the basis of clearing the rights’ subject belongs to a specific source group, the author maintains that we must make sure managing subjects of rights legally and validly as soon as possible. Whether to adopt legal agent system or trust, we should make full consideration to the particularity of folklore works and pay attention to the principle of balancing of interests in order to determine the exercising subjects of this right. As the specialty of China’s national condition, the author holds that China can make an appropriate combination of the legal agent with collective management organization for folklore works rights’ exercising subject to guarantee all rights can be operated and maintained effectively on the basis of effective counterpoising truly. At the same time, in this paper, the necessity, feasibility, concrete problems in the building process and the relationship between each main participation body of establishing the collective management organization are briefly described.