Research On The Copyright Protection Of Folk Literature And Art Works

The folk literature and artistic works have a long history and as a part of the traditional culture in China.To some extent,they reflect the living habits,thoughts and emotions,customs etc.They could help offsprings to understand the history of China,Therefore people name it as "living fossil".It has both cultural and economic value.Although the article six of the “Copyright Law”stipulates that the State Council should legislate other protection measures,the protection measures have not yet been issued,and the legal provisions lack of feasibility,therefore,there are still many disputes about folk literature and artistic works,such as the subject of rights,the object of rights,the content of the rights as well as the methods and conditions.This thesis briefly introduces the basic theories of folk literature and artistic works in China.Then it focuses on illustrating the current situation of the judicial protection,and strives to reflect the deficiencies of the current “Copyright Law” on protecting the folk literature and artistic works.In addition,the thesis also introduces some relevant legislations of Taiwan and other overseas countries,analyzing the reasonability and deficiencies of the “Regulations on the Copyright Protection of Folk literature and Artistic Works”(Exposure Draft).Besides,the thesis try to provide some advice according to the regulation's deficiencies.In the end,the conclusion proves the reasonability of the revised copyright protection on folk literature and artistic works.The outline is as follows:The first part of this thesis illustrates the reasons of the topic selection,the research contents and the current research situation at home and abroad.At the same time,it introduces the innovation and deficiency of this paper.The second part is the chapter one which is the first part of the main body.It introduces the concept and characteristics of folk literature and artistic works as well as the necessity and feasibility of copyright protection,it provides a theoretical evidence for the copyright protection of folk literature an artistic works.The third part is the chapter two,focusing on illustrating the the current copyright protection and its problems of folk literature and and artistic works.Through the comparative study,this part introduces and analyzes the current judicial protection based on three typical judicial precedents,they are: “The Chanty of WuSuLi” the “Anshun local Drama” and the “Journey to the Sun”.Finally,this part summarizes the inconsistency between the current copyright legal system and the subject?object?contents approaches of application on the above cases.The fourth part is chapter three,it introduces the regulation of folk literature and artistic works of Taiwan and other overseas developing countries,at the same time makes theoretical analysis of the relevant regulations in order to provide advice for the establishment of China's legislation.It mainly includes: 1.Introducing the legislation of folk literature and artistic works of Taiwan and overseas countries.In Taiwan,the local folklore works has been protected by listing it in the “Regulations on the Protection of Traditional Intellectual Works Created by Aboriginal Ethnics”,inaddition,the“Protective law of Literature and Artistic Property” of Tunisia,and the“Copyright Law”of Nigeria both are providing a legal protection for the folk literature and artistic works of the country.Second,analyzing the advantages and disadvantages of Taiwan and overseas countries' legislations,thus get some enlightenments on legislation of folk literature and artistic works.The fifth part is the chapter four which is also the key point of this thesis.This chapter mainly includes: based on the previous introduce the deficiencies of the current and judicial protection of folk literature and artistic works as well as the existing regulations,evaluating the reasonability of the “Regulations on the Copyright Protection of Folk literature and Artistic Works”(Exposure Draft),so that make suggestions according to the regulation's deficiencies and provide original theoretical information for the private protection on folk literature and artistic works.