On The Identification Of Folk Literature And Art Works

Folk literary and artistic works are precious cultural products and spiritual symbols that have been passed down through human history for a long time.They are rare intellectual achievements in the cultural field.Folklore works are the inheritance of traditional culture and ancient civilization,and also a valuable cultural resource in today's cultural market.For folklore works,it is important to maintain their traditional cultural values and promote the prosperity of related cultural industries.The legal protection of folklore works should be based on the value orientation of maintaining inheritance and promoting innovation,and constructing a perfect separate law protection system,and must rationally adjust the distribution of interests of all parties on the basis of objectiveness and justice,and scientifically allocate Cultural resources to achieve a balance of legal relationships between the interests of all parties.Due to the particularity of folklore works,China's current copyright protection system cannot make clear and specific provisions on folklore works.However,in the cases of copyright infringement disputes involving folklore works,how to accurately identify folklore works has become a legislative Issues that need to be addressed urgently at the level and in judicial practice.Based on the analysis of classic cases in related fields,this paper adopts a combination of vertical and horizontal contrasts to clarify the concepts and characteristics of folklore works,and then seeks to identify scientific and reasonable standards for folklore works for the future.The legislative and judicial channels provide a theoretical reference for the identification and protection of them.The author hopes to promote the judicial recognition and copyright protection of folklore works through the discussion of this article,and also plays an active role in promoting the benign communication and healthy development of folklore works.