Study On The Copyrightable Of The Museum's Cultural Derivatives

With the rapid development of economy,both living standard and living quality have been improved,so the basic material life is already not able to meet the demand,more and more people pay attention to the quality of life and culture enjoyment.As an important part of cultural life,museums are facing the most important task and challenge of developing cultural relics.Every museum possesses unique cultural resources and has unparalleled advantages in the production and development of cultural products.But the development of the derivatives from cultural relics in our country is still in its infancy,there are tremendous space for it to grow.How to develop the derivatives of cultural relics reasonably and efficiently is an important problem to the museum currently.This article includes three parts: the introduction,the body and the conclusion and the body is divided into five chapters.Museum of the implementation opinions hereinafter referred to as opinions,which leads to the development status and problems of derivatives of cultural relics,put forward in this paper,the research mainly focused on museum of cultural relics of the derivatives of the copyright problem.The body begins from the second chapter to the fourth chapter,The first chapter is a review of the copyright disputes on cultural relics in museums,such as whether museums have the right to develop them.What are the copyright rights of museum relics? Is the museum of cultural relics original? The second chapter is about the deductive works,practical art,and literature art works of the derivatives of the cultural relics,I firstly talk about their concepts and finally get the definition of cultural relics of the derivatives.The derivatives of the cultural relics in the museum mainly include publications,replicas of cultural relics and creative culture products.The derivatives of the cultural relics in the museum has features like cultural identity,creativity,emotion,artistic quality,and there are similar concepts like culture derivatives,cultural goods,art derivatives,etc.The third chapter discusses the copy right problem of the derivatives of the cultural relics in the museum and analyze the copyright rights of the related works,as well as the originality and replication of these relics.In the fourth Chapter I distinguishe the differences of the characteristics,types and other relevant concepts,and discusses the legal features of cultural relics in museums.Secondly,analyze the original standard of derivatives of the cultural relics in the museum from perspectives of the general principles of the originality,positive and negative requirements,the originality of different types of derivatives.In the conclusion part,I get the conclusion through the discussion of the above chapters that if the derivatives meet the requirements of the copyright law,and has the fourth possibility of getting the copyright,it shall be protected by the copyright law.Secondly,based on the principle of the interests balance from the copyright law,the development of the derivatives shall give consideration to the interests of museums,the creator of derivatives of the cultural relics in the museum and the public.