Study On The Originality Of Folklore Derivative Works

Folklore is the excellent representative of the Chinese culture, it is protected by Copyright Law of People's Republic of China and later,the release of Folklore Copyright Protection Regulation(Solicit Opinion Draft),made it specific and clear about the protection of folklore. But folklore and works in general are different in terms of the period of protection,subject of rights and the way of copyright protecting. At present,scholars pay more attention to the attribution of copyright,the protection methods,and less concerned about the folklore derivative works,but in the judicial practice,disputes concerning folklore derivative works has continued to occur. Based on previous studies,this article related to copyright issues were analyzed and discussed combined with judicial cases occurred in reality, the theoretical analysis trying to provide solutions folklore derivative works of copyright issues.In the chapter on the structure,the first part is the analysis of the concept of folklore,works of folklore and the derivative works of folklore then the respective relations between them are analyzed. Next, the key component of works- originality issues are raised.it finds that derivative works should take a relatively strict criteria,and taking into account the aesthetic value of derivative works,artistic value and cultural identity factors in these areas to comprehensive judgments. In order to offer some suggestions when it comes to analyzing the issue of originality folklore derivative works. In this paper the practical needs of folklore derivative works of originality judged to be the main line of writing, based on the originality of derivative works, followed from the judgment in accordance with, the principles of originality and originality criterion to judge depth.The Judgment of Originality folklore derivative works should follow the principle of balance of interests and incentive function.In terms of the standard, it should take a relatively strict criteria about the originality recognizing of derivative works, and taking into account the aesthetic value of derivative works, artistic value and cultural identityfactors in these areas to comprehensive judgments.One purpose of the article is to balance the sources of folklore groups,derivative works of authors and the interests of society between the public, while allowing the preservation of folklore and heritage to the world,prosperity and cultural development.