Research On The Arrangement Of The Property-rights Of Works Of Folklore

Works of folklore represents the cultural identity of the groups of sources,accumulation of the ethnic group has a long history,heritage thousands of years of customs,in the context of today's global integration,is a witness of the history of the Chinese nation,a symbol of a national identity,with great cultural value.The works of folk literature and art also have high economic value.Popular cultural and creative industries,national support,capital attention.Folk literature and art works as the"root" of national culture,to give artists a lot of inspiration and nutrients.For the artist,the works of folk literature and art is a cultural gold mine which can create value at any time ".With the deepening of globalization and the continuous development of the media,the improper use of a large number of folk literature and art works has become increasingly prominent,and the problem of the damage to the works of folk literature and art has gradually aroused people's attention.The use of folk literature and art works has gained considerable economic benefits,because there is no sharing mechanism,the economic benefits obtained from the relevant use behavior have not been the source group of the folk literature and art works.At the same time in the use of profit,because the use of people to meet the market lack of culture,history,customs and knowledge of the relevant ethnic groups,often distort the work of folk literature and art.Related groups of cultural identity,national emotions have been eroded.In contrast,in the process of globalization,literary works and patent technology are used to promote the innovation,and the owner of the property right has also got a huge profit.So the system of the protection of folk literature and art is the property right arrangement.In order to protect the folk literature and art works itself and the source group,we must make a reasonable arrangement of property rights.Only when the property right arrangement is reasonable,the folk literature and art works can be effectively protected,and the benefit of the traditional ethnic groups can be guaranteed.Based on this,research of works of folklore on property rights system.Mode selection of the full text is divided into four parts,respectively from the property right arrangement and property rights of property of the object of determination,the subject of the property rights arrangement,property right content and limited to the works of folk literature and art system arrangement were studied.The first part analyzes the choice of property right arrangement mode of folk literature and art works.Firstly,it elaborates the different views on the choice of property right arrangement mode of folk literature and art.Secondly,from the characteristics and the development course of the works of folk literature and art property of the object of their own characteristics,the intellectual property system,and law and economics cost benefit three aspects discusses the choice of what kind of property right arrangement more reasonable.Through the comparative analysis,this paper considers that the property right arrangement of folk literature and art works in the copyright framework is more suitable.The second part discusses the arrangement of the object of the property right of the folk literature and art works.First of all,through the determination of the synonym of folk literature and art works,to clarify the general meaning of folk literature and art works and to explore the characteristics of folk literature and art works to clarify the relevant concepts.Then through the analysis of the scope of the object of the property right of the folk literature and art works,to lay the foundation for this article to determine the scope of the object of property rights.Finally,through of works of folk literature and art object of property right arrangement of issues related to the analysis,to clarify the works of folk literature and art does not include folk literature and art derivative works and should take tangible cultural sites,the traditional handicraft production process,ethnic beliefs excluded outside of the property of the object in view.The third part analyzes the arrangement of the property rights of the works of folk literature and art.First of all,this paper expounds the different views on the academic circles of the arrangement of the main body of the property right of the folkliterature and art works,and compares the different practices in the practice of the legislation.Then,from three aspects of the creation process of folk literature and art works,the philosophical basis of law,the principle of law and economics,the main body of rights is defined as the views of the relevant ethnic groups or countries.On this basis,through the analysis of the change of the main body(i.e.related community)in the context of the migration of the labor force,the internal members and the organization's change,the proposal for the exercise of the main body.The fourth part,elaborated the folk literature art work the property rights content and the property rights restriction.In this paper,the improper use of folk literature and art works for the damage of the ethnic groups,from the two aspects of economic rights and spiritual rights,the construction of the content of property rights protection of folk literature and art works.In addition,according to the principle of balance,the construction of the folk literature and art works of the property rights system,so as to balance the interests of the people and the interests of the group,to achieve a win-win situation,to maximize the social benefits.