A Survey Report On The Dilemma And Legal Countermeasures Of Intangible Cultural Heritage Digital Protection In Guizhou Province

Intangible cultural heritage is the product of the way of production and life of various ethnic groups for thousands of years,containing the wisdom and experience of countless ancestors,is the true inheritance of "living fossil",with inestimable cultural and economic value.With the advent of the data era,digital technology has begun to be applied to the protection of intangible cultural heritage,and due to its visibility,integrity,authenticity and other characteristics to make up for the deficiencies of traditional protection methods,the digitization of intangible cultural heritage has become the mainstream trend of the protection of intangible cultural heritage in all countries in the world.However,with the continuous development of technology,the construction of legal system lags behind.Perhaps the uncertainty of the subject of rights,the diversity of objects and the complexity of the content of rights in the legal properties of intangible cultural heritage itself have led to the difficulties in the legal research of intangible cultural heritage.Therefore,the legal attention is not high enough for the development of digital protection of intangible cultural heritage,which is only a new product of more than ten years.Both the National Intangible Cultural Heritage Law and the local Regulations on the Protection of Intangible Cultural Heritage require cultural authorities to use digital technology to establish a database of intangible cultural heritage.Therefore,it is of great urgency to study relevant legal systems for the digital protection of intangible cultural Heritage.Guizhou province,as a major province of intangible cultural heritage,is bound to strike hard in the field of intangible cultural heritage protection to protect a large number of precious intangible cultural heritage resources in this province.The use of digital technology to protect endangered intangible cultural heritage is in line with the big data center construction and development strategy of Guizhou province,which is "integrating all things and wisdom".Therefore,for Guizhou Province,the combination of the two can be described as "a match made in heaven and following the trend".So-called intangible digital protection,in a nutshell,is the use of digital collection,digital storage,digital processing,digital display,digital transmission technology,such as transform non-material cultural heritage resources,reproduction and recovery into digital form,can be Shared,renewable and interpreted in a new perspective,in a new way to save,to take advantage of new demand.This paper argues that the core work of the digital protection of intangible cultural heritage is to construct the database of intangible cultural heritage and the application of its related digital achievements.Therefore,on the basis of field research,this paper summarizes the existing problems of digital protection of intangible cultural heritage in Guizhou Province.This paper mainly discusses the difficulties in the process of digital construction of intangible cultural heritage,the difficulties in the protection and utilization of digital achievements of intangible cultural heritage,the conflict of interest distribution among relevant subjects,and the lack of a perfect public participation system.Then,based on this problem,the author puts forward some legal countermeasures which have universal significance in the whole country.In view of the difficulties in the process of the digitization of intangible cultural heritage,this paper puts forward special legislative provisions on the digitization of intangible cultural heritage.In view of the difficulties in the protection and utilization of the digital intangible cultural heritage,a protection mode combining public law and private law is proposed.Finally,it proposes to build a sound benefit sharing mechanism and public participation system to solve the problems of interest conflict and lack of social participation and supervision in the subsequent utilization of digital achievements.It is hoped that this paper can arouse the thinking of relevant scholars and related workers and have some theoretical and practical significance for the study of the dilemma and legal countermeasures of the digital protection of intangible cultural heritage.