Research On Copyright Issues In Derivatives Of Cultural Relics In Museum Collections

Culture is the gene that identifies a nation.In recent years,under the influence of industrial economy,museums across China have begun to develop derivatives using their own collection resources.The unique artistry of the collection of cultural relics and the huge economic benefits brought by cultural relic derivatives have attracted the attention of many investors and developers,however,while vigorously excavating and developing museum cultural resources,many copyright issues related to cultural relics derivatives have also arisen.For example,there are constant copyright disputes in the process of creation and dissemination of museum cultural relics derivatives;the public welfare of cultural relics and the private property of cultural relics are contradictory;due to the imperfect legislation,the copyright protection of the cultural relics derivatives of applied art in our country has been controversial in the theoretical circle and judicial practice.At the same time,this loophole in legislation also has led to more and more copyright disputes over the derivatives of cultural relics in the collection,which seriously restricts our country’s creation and development of cultural relics derivatives.At present,academic circles have little research on the copyright issues of museum cultural relics and their derivatives,thus the innovation of this article lies in the use of policy texts,literature materials,case studies and other research methods,combined with the investigation of the field and digital repositories of major museums,analyzed the development of cultural relics derivatives in recent years and the copyright issues of cultural relics derivatives reflected in judicial practice,and based on this,carried out research and discussion on the strengthening several measures and suggestions for copyright protection of cultural relics derivatives.Specifically,the main structure of this article includes the introduction,the first to the fourth chapters as the main discussion part,and the conclusion as the last part.The background and significance of this paper,the summary of the research status and the research methods will be disscussed in the introduction.Through these three aspects,it explains and briefly introduces the development status and main problems of cultural relics derivatives in the context of cultural and creative industries,and emphasizes that the protection of copyright is the biggest problem and challenge faced by museum collections and their derivatives..Chapters one to four are the core content of this article.The first chapter analyzes the reasons for the museum’s development of cultural relics derivatives from three aspects: the change of the museum’s standpoint,the change of development thinking,and the change of management concepts.At the same time,the concept of derivatives of cultural relics in museum collections is briefly introduced.Since the current academic circle does not have a fixed classification standard for derivatives of cultural relics in collections,in this chapter,the collection of cultural relics derivatives are divided into reproduction categories,deductive works category and applied art category by the author,which based on the current survey of the development of major museum derivatives.The second chapter starts with three more characteristic cases: the “simulation paintings of the Forbidden City in Beijing”,the case of the Atlas of Cultural Relics of the Forbidden City in Beijing,and the case of “Terracotta Warriors and Horses Pen”.Three cases are used to illustrate the copyright disputes of the current museum collections derived from the reproductions,deductive works and applied artworks,the disputes are mainly about the copyright issues in the creation and dissemination of cultural relics derivatives,the conflict between the concept of cultural relics sharing and the museum’s exclusive rights and interests of copyrights,and the original identification of various cultural relics derivatives.The third chapter analyzes the problems in the copyright protection of museum cultural relics derivatives from three perspectives: the conflict between the public welfare of cultural relics and the copyright private rights of cultural relics derivatives,and the legal protection of applied art derived from cultural relics..Chapter four puts forward some suggestions on strengthening the copyright protection of museum cultural relics derivatives from the aspects of adhering to the balance of interests,"the dichotomy of thought and expression",improving legislation and so on.In the conclusion part,By quoting President Xi’s important speech on intellectual property,it is concluded that the museum’s collection of cultural relics and their derivatives should be protected by copyright law and should be improved while protecting the public interest to the maximum.The conclusion of legislation to strengthen the intellectual property protection of cultural relics derivatives.This article provides academia with some new ideas related to the research on the copyright of cultural relics derivatives,and provides some theoretical support and practical basis for further promoting the copyright protection of cultural relics derivatives.