The Copyright Protection Of Intangible Cultural Heritage

Non-material cultural heritage has the coincidence of the object of copyright. At the same time, the infringement in the field of intangible cultural heritage is relatively serious, so the protection of intangible cultural heritage by copyright law has great theoretical and practical significance. But the intangible cultural heritage as special cultural resource is significantly different with the general works. According to these special things to take special measures, the copyright in the field of intangible cultural heritage protection plays a more important role, which is the purpose of this document.It is worth mentioning that pictures of Yang Jiabu as a typical representative of the intangible cultural heritage make achievements in copyright protection, also exist problems in the process of protection, such as the main body, the rights content and the period of copyright protection. These problems and obstacles are common in the field of non-material cultural heritage copyright protection, therefore, the pictures of Yang Jiabu will be an example in this paper, to analyze the problems and to explain the system.The author divides the structure into four parts, which include “the introduction of the concept and the protection of legitimacy”, “the protection of the status quo”, “the feasibility and barriers of research” and “measures”.The first part is the introduction of the concept and the legitimacy of protection. This part in regard to the concept, characteristics, classification of the relevant introduction, has laid a good groundwork for the follow-up of this paper. At the same time, it also analyzes the necessity of the protection of the intangible cultural heritage, which is the basis of the research of this paper and the important link of the copyright and the intangible cultural heritage.The second part is the protection of the status quo. This part introduces and analyzes the current situation of the protection of intangible cultural heritage in China from two aspects of the state and local level. The national level is mainly from the legislative point of view and the local level makes the protection of pictures of Yang Jiabu as the research object. We will find copyright protection of the intangible cultural heritage to be perfected through the analysis of two aspects.The third part is the research on the feasibility and barriers of copyright protection. For the former, the author carries on the demonstration through the comparative analysis method,expounding the advantages of copyright law in the field of protection compared with other legal departments, and demonstrates the feasibility of copyright protection. As for the latter, it is based on the second part about the problem of copyright protection, to explore the essence of theproblems, so as to facilitate the problems solving and system construction.The fourth part is the "measures". We need to learn enough experience from other countries for taking measures. On this basis, the measures are divided into the principles and concrete system level. Under the guidance of principle, to build relevant measures, the problem of copyright protection process can be better solved.Through the above research, the author hopes to establish the system of copyright protection in the field of intangible cultural heritage, which will promote the protection of intangible cultural heritage and improve the copyright itself.