On The Copyright Of The Adaptation Of Folk Operas

The copyright protection of folk literature and art works has always been a common concern and research issue in China and even in the international community.However,a wide range of folk literature and art works can not be protected by legislation because of the particularity and complexity of their constituent elements.As a small branch of folk art in folk literature and art,the specific study of the copyright of various elements in folk opera will also benefit the study of folk literature and art works.At present,there is no direct research on folk opera in theory and practice,but we can find applicable legal norms through folk music and other works of folk literature and art that are the same or similar to folk opera.The copyright of folk opera has always been controversial.Although it is clearly stipulated in the copyright law,there is no way to apply and protect it.The folk operas handed down do not have the "independent" creative characteristics clearly stipulated in the copyright law,and there are different views on whether they are open in the public domain.They think that the folk operas should not have copyright.Through a comparative study of the rights of music and singing in the adapted works of folk opera,it is found that the two rights are cross in theory and practice,and even confused.Clearly distinguish the difference between the two,that the music in the folk opera adaptation works belongs to music works and is treated differently from aria,and according to the particularity of aria design and aria performance,expand the copyright status of aria performers.Through the analysis,it is proved that folk opera has no copyright,that the music design of the adapted works of folk opera should be regarded as a musical work,that the aria design should be jointly completed by the aria designer and the performer,and that the performer has also made original contributions in the aria design.Based on the study of the rights of music and aria in the adapted works of folk opera,this paper clarifies the protection basis and methods of music and aria in folk opera,and clarifies the rights of aria performers in the adapted works of folk opera,which can not only better protect the inheritance and development of folk opera,but also provide ideas for the protection of folk literature and art works.