Research On The Authorship Rights Of Folk Literature And Art Works

In view of the incompleteness of the legislative system for the rights of authorship of folklore works and many issues in judicial practice,in the article,the author will cite a few typical cases of authorship of folklore works.Through the comparison of the cases and the analysis of the focus of the disputes among them,the core issues are elicited.The purpose of the purpose is to reduce the difficult problems in the case of the right of signature of the folk literature and art works.It provides its own opinions on the legislation and judicial practice of the protection of folklore works.This paper adopts case study method,speculative analysis method,comparative study method and observation method research method.Specifically,it is divided into three parts.First,in the first part,issues related to the dilemma of authorship of folklore works are introduced through the introduction of the case,the analysis of the logic of the judgment and the summary of the focus of the case dispute.This paper mainly summarizes the five aspects of the plight of the right of signature.Secondly,in the second part,it further expounds some basic concepts such as the concept of the authorship of folklore works and their particularity and the subject’s identification.In this part,a new explanation is given to the right of authorship in folk literature and art works,and the relationship between the identification of the subject and the subjects of litigation is analyzed,and the particularity of the subject of the right of authorship in folk literature and art works is compared with that of "ordinary works".Finally,in the third part,combining the cases and the knowledge learned,and based on the basic concepts of the previous text,the questions are answered one by one.The innovation of this article lies in the fact that,firstly,it makes a new understanding of the authorship of folklore works and extends it further on the basis of the original meaning.Second,it summarizes the main body of the authorship of folklore and its particularity.Third,the classification of folklore works and their related works is detailed,and on this basis,the appropriate signature methods for them are given.In addition,it is easy to confuse the use of the "Copyright Law of the People’s Republic of China" and the "Law of the People’s Republic of China on the Intangible Cultural Heritage" in some cases and scholarly articles.Through analysis,the author concludes that there is no inevitable relationship between the exercise of the right ofauthorship of folklore works and whether it is included in the intangible cultural heritage.