The Difficulties And Solutions For Copyright Protection Of Expressions Of Folklore

Folklore is an important part of traditional culture in China.However,in recent years,there had been an increasing number of misappropriations or improper uses of folklore,especially in the context of globalization.Now,more and more people are becoming aware of and paying attention to this issue.At present,whether international or domestic,there is no unified solution in the copyright protection model,and domestic legislation is also deadlocked.Therefore,the difficulties and solutions of copyright protection of folklore expression are the key research objects of this paper.The first chapter mainly explores the connotation of related concepts and briefly describes the current state of conservation at home and abroad.The differences between"folklore","expressions of folklore" and "works of folklore" are analyzed,and "expressions of folklore" is discussed in this paper.Although "expressions of folklore" has similar characteristics to copyright,it also has many completely different characteristics,such as collectiveness,public power,and is also the "source" of innovation.In this regard,China has not issued clear provisions in legislation,and at the same time,there are also a lot of different choices of protection models in the world.The second chapter mainly summarizes the current theoretical views and classification of copyright protection models for expressions of folklore.The copyright protection model is the mainstream view at home and abroad,and most academic debates have also focused on this.Specifically,the copyright protection can be divided into two views:one is the direct application of the existing copyright law,some from the perspective of the subject,and some from the perspective of the object;The second is to create special rights,or create special rights under the framework of the Copyright Law,or create special rights parallel to them outside the framework of the Copyright Law.The third chapter mainly discusses the multiple difficulties in the copyright protection of expressions of folklore.Specifically,there are mainly the following:First,conflicts with the Copyright Law itself,including the possibility that the expressions of folklore may not meet the constituent elements of the work,the relevant protection needs,and have natural contradictions with the "public domain";The second is the practical difficulties,including the difficulties in the identification of expressions of folklore,the difficulties in sharing spiritual rights,the difficulties in regional conflicts,and the difficulties in legislation and legal application.The final chapter mainly focuses on the corresponding solutions,according to the difficulties described above.First,it is necessary to clarify the premise of copyright protection of expressions of folklore,including regulating the balance between community interests and other interests,and echoing with other rights protection;second,appropriate use of protection under public law,including clarification of the need for protection under public law,harmonization with the Intangible Cultural Heritage Law,and rational introduction by local governments or other institutions;The third is to explore the nonuniqueness of copyright protection models,and consider other appropriate protection models while following the existing copyright system.