Study On The Copyright Protection Of Traditional Handicrafts

Traditional handicrafts are the outstanding symbols of humans' laboring and wisdom.However,the unprecedented survival crisis facing the handicrafts calls for immediate legal protections,especially the copyright law.First,this paper touches upon the protection of Hainan Li brocade handicrafts,and it reaches to the conclusion that copyright law protections should be urgently put in place after conducting field surveys that probe into the current protective measures,the existing problems of protection as well as the ensuing legal issues.Next,the fundamental theory,including the definition and classification of traditional handicrafts,the discrimination and analysis between relevant concepts and the necessity and viability of copyright law protections.Furthermore,the issues surrounding the copyright law protections of traditional handicrafts are analyzed,for example: the original works and the source groups are unprotected in terms of copyright;the difficulty in determining the subjects of right;the lack of guarantee for safeguarding legal rights;the short period of rights protection and the indistinct standards of infringement determination,especially the controversial identification of originality and expression form.Accordingly,relevant suggestions are provided regarding the copyright law protections of traditional handicrafts: both the original works and the source groups should be protected in terms of copyright;subjects of right,including individuals and groups as well as executive subject governments should be fully recognized;necessary assistance should be provided while safeguarding legal rights;along with the appropriate extension of protection period as well as the formulation of viable standards of originality.