The Originality Judgment Of Folktale Derivative Works

Folktale derivative works refer to the literary works of story text which can embody the originality of the author on the basis of folktales,which are different from the folktale works.It has not only the originality of the author but also the tradition of folktales spread from generation to generation.Originality is a necessary condition for a work to be protected by copyright law.In the collision between tradition and innovation,the originality of some folktale derivative works in the middle fuzzy zone is often not recognized,and it is difficult to obtain the protection or full protection of copyright law.It's not just a setback for the author's work.Enthusiasm is also not conducive to the prosperity of the national cultural industry and the diversity of human culture.To solve the problem of originality judgment of folktale derivative works,we need to clarify the relationship between folktale derivative works and folktales,folktale works and other related concepts,and make sure that folktale derivative works which satisfy the originality certainly can be protected by copyright law.Then,on the basis of defining that originality judgment is a kind of value judgment with the aim of promoting cultural diversity,this paper analyzes the conflicts of interest involved in the originality judgment of folktale derivative works,and for balancing the interests between the two sides,establishes encouraging innovative input and promoting cultural communication as the principle of originality judgment in folktale derivative works,both to protect the exclusive rights of the author and to prohibit the abuse of rights and to promote the spread of culture.Also,it is necessary to adopt a higher criterion of originality judgment in folktale derivative works and encourage the author to create high quality folktale derivative works.After defining the requirements of the originality degree of the folktale derivative works,it is necessary to determine the specific originality judgment subject and method.Considering the particularity of the folktale derivative works,we should try to introduce the folktale originalcommunity as the subject of abstract value when we judge the originality of the folktale derivative works,which can be realized by means of party's proof,jury system and so on,and make it participate in the three-step judgment method of abstract-filtering and comparison to judge the originality of the folktale derivative works.Through the reasonable arrangement of the system of judging the originality of the folktale derivative works,and the synthetic consideration of all kinds of factors,and distinguishing the different situations to judge the originality of the folktale derivative works.The author hopes to enrich the theory of originality judgment of folktale derivative works and provide theoretical tools and perspectives for the originality judgment of folktale derivative works in practice.