Discussion On The Copyright Subject System Of Folklore

Folklore is a valuable spiritual wealth created and passed down by the people of all ethnic groups in China,it is a historical and cultural memory of all ethnic groups and has important cultural significance and economic value.The protection of intellectual property rights in folklore means a lot,this paper mainly discusses the subject of copyright of folklore,which is divided into three parts.In the first part,the paper analyzes the exploration of the subject of copyright of folklore by academics,legislators and judicial practice.First of all,this paper introduces the debates in the academic circles about the subject of copyright of folklore,mainly manifested in three main modes and subjective views of the state,specific groups and specific individuals.Secondly,this paper discusses the legislation's exploration of the subject of folklore's copyright.Thirdly,the paper sorts out the exploration of the subject of folklore's copyright in China's judicial practice.In the second part,this paper analyzes the dilemma faced by subject of folklore's copyright in China from the theoretical and practical aspects.On the theoretical level,it mainly analyzes the contradiction between the theory of motivation and the collective creation of folklore,the conflict between personality theory and the group nature of folklore's subject.On the practical level,this paper discusses the difficulty in determining the scope of folklore creation groups and the neglect of the interests of folklore creation groups.Finally,the paper puts forward some suggestions on the improvement of subject system of folklore's copyright.For example,it should be clear that the source group has ownership of its folklore;relevant regulatory agencies have the right to manage folklore;and relevant rights of the inheritor,the editor and the recorder should be confirmed,their rights and subject status should be clearly defined.