Research On The Copyright Of Xinjiang Traditional Music Works

Traditional music as one of the forms of the traditional literary works of art,it with unique artistic value and spiritual wisdom embodies a nation and a country's culture,although the traditional music in nationality,regional features,but now the rapid development of science and technology has also made the spread and development of traditional music works to speed up the pace,people no longer rely on independent,hidden inheritance.Copyright protection of traditional music in the mass media environment problem has become the most difficult balance to solve the problem of nowadays,especially in the traditional music of copyright infringement cases under the network environment,the main body of infringement includes not only the creators and performers such as main body,are the reasons that cause these copyright protection is not a comprehensive public for traditional music works creation subject and deduce the distinction between people not clear,because traditional music inheritance and variability characteristics generally difficult to define the creation main body,have a plenty of people,have a plenty of collective environment(h)inheritance.After the evolution of history and reform,the people's attention to traditional culture industry to copyright protection consciousness,especially the use of "intangible cultural heritage,traditional culture,traditional craft" words to explain such as traditional culture,and protection of traditional music has also been mining,such as "Guqin art","Uyghur Mukam art "and the joint declaration between China and Mongolia and Mongolia by United Nations educational,scientific and cultural organization" Long tune" human oral and non-material heritage masterpiece project "list.Although the conceptual relationship between intangible cultural heritage and traditional music works is different,it is convenient for narration,connection with international conventions and more targeted discussion.So this paper in the following analysis on the problems existing in the traditional literature and art and related integration with the content of the intangible cultural heritage,especially in the discussion is due to the use or spread these cultural forms such as traditional legal relationship between music and folk music works,both in the legal meaning there is no essential difference,because the scope of the traditional music more broadly than folk music.It includes not only folk music,literati music,but also royal music,religious music,etc.Compared with folk music,traditional music is a large system.Therefore,it will not be confused by folk music when describing the subject concept.Xinjiang is a big cultural province,variety of ethnic populations since ancient times,the traditional music works have diversity,there are all kinds of folk dance music,court music,and chanting,holy hymn religious classes such as music widely circulated,since "the western folk song storm",in the intellectual property created quite a stir,countries also have issued relevant policy to protect the traditional copyright of music works.Because of the complexity of the subject of protection,the subject is usually collective.Because it can be a community,a tribe,an ethnic group,or an entire nation,or even an entire country.Then they are the right subjects of the specific form.Therefore,we can make use of the basic principle of modern intellectual property system,the relationship between rights and obligations,within the scope of sovereignty.The intellectual property protection system of traditional culture in line with China's national conditions should be formulated in a flexible way.As Mr.Wu Handong said,"it is necessary to protect traditional literature and art with the situation of intellectual property,which is conducive to the preservation,protection and promotion of traditional literature and art.It is conducive to forming national cultural identity and national cohesion,effectively safeguarding national cultural sovereignty and cultural security,achieving the balance of cultural ecology in the international arena,and resolving the contradictions and conflicts between economic globalization and world cultural diversity.Therefore,it is necessary to solve the problem of copyright in traditional music works from both administrative protection and judicial protectionThis paper consists of an introduction,a body and a conclusion,of which the body is divided into five parts.The introduction.This paper expounds the research background,research purpose and significance,research status,research ideas and methods of traditional music works copyright in Xinjiang.Through the research background and research status to further understand the nature of Xinjiang traditional music works and the legal relationship between copyright.The first chapter mainly introduces the concept and characteristics of Xinjiang traditional music works,clarify the development of traditional music works in Xinjiang origin,the forming reason,legal relationship,etc.,do a distinction between second and general music works,and out of copyright system to protect traditional rationality music work summary and interpretation of traditional music works of artistic value and the protection of the law mechanism.The third chapter,from the perspective of comparative research,firstly analyzes the practice of foreign and international organizations on the copyright system of traditional music works,and secondly summarizes relevant measures on the copyright protection of traditional music works in Xinjiang in terms of central and local protection systems and policiesThe third chapter,from the perspective of comparative research,firstly analyzes the practice of foreign and international organizations on the copyright system of traditional music works,and secondly summarizes relevant measures on the copyright protection of traditional music works in Xinjiang in terms of central and local protection systems and policies.Chapter four discusses the problems in the previous part and puts forward Suggestions for improvement.Focus on problem solvingIntroduction is the conclusion of this paper.Under the general generalization,this paper carries out a substantive value analysis on the problems proposed in this paper and the solution.The empirical study on the relationship between the content and the topic of this paper also provides effective Suggestions on the reasonable legal mechanism of the copyright of traditional music works in Xinjiang.