Research On Right Subject Of Folklore

Since the fifties of the 20th century,protection of folklore on Intellectual Property raises international concern and serious discussion.More and more developing countries including China also actively explore legislation practice of property protection of folklore,some model laws have been formed gradually on the international level.The 5th Article in "Folklore Copyright Protection Ordinance(draft)”makes provisions directly owing right subject of folklore to source group.However,"the Case of Wusuli Boat Song" and "the Case of Paper Cutting by Xiue Bai" provide practice that rights of folklore belongs to different right subject respectively."One size fits all" may results in irrational situations.We should consider all possibilities containing source group,inheritor and country as right subject.This article consists of three parts.The first part mainly analyzes two "the Case of Wusuli Boat Song" and "the Case of Paper Cutting by Xiue Bai".The second part presents three modes of right subject and analyses its rationality and limitation.It states extraterritorial legislation and practice of two modes each other,which introduces the content and main rights of source group and inheritor of folklore.Then it analyzes the interest share between users and source group,between inheritors and source group and among source group.The rights of definition of folklore should advocate the "Three Theory" of inheritor,source group and country.Keeping the priority of customary law,then according to personal body first and followed by the main traditional communities,the state,as a body revealing all the details of the order of identification,is subject to the rights of works identified.The last part discusses protection of right subject on folklore from three respects,containing before,in and after using folklore.