An Analysis To The Copyright Protection Of The Traditional Handicrafts

Traditional handicraft is an expression form of art closely combined with manual labor.Nowadays as people's spiritual needs get increasingly diversified,its inheritance and preservation are gradually highly concerned in the world.The government also pays great attention to it in terms of policy and legislation.However,the concept of the handicraft on law significance maintains unclear due to lack of relevant legislation and special properties of traditional handicraft.As a result,there is no final conclusion on the protection of traditional handicraft.In consideration to existing legal system,adopting copyright protection seems to be a relatively practical and convenient choice.At the very beginning of the present paper,the concept of traditional handicraft is defined and the source of law of copyright protection for traditional handicraft is summarized from the perspective of cultural context and legal context to discuss the rationality of applying copyright law.Second,the necessary formal requirements and real conditions that the traditional handicraft must meet to win protection of copyright are analyzed,from current situation of legislation and juridical practice,the major difficulties in protecting the traditional handicraft are discovered.Finally,the idea of establishing the evaluation criterion is proposed,the judgement standard of innovation is built,the mixture protection model is used flexibly based on the actual situation and the importance of perfecting the copyright registration system is emphasized.