On Protection Of Folk Literature And Art Works From The Perspective Of Public Sphere

Folk literature and art works are not only the cultural essence and intellectual heritage of a country,but also the spiritual nourishment for the survival of a nation and a community.They represent the spiritual identity of specific groups and reflect the values and spiritual pursuit of these groups.China has a vast territory and various ethnic groups,and folk literature and art works have been emerging.In the early days,China used public laws such as administrative law to protect folk literature and art works.However,in recent years,some excellent folk literature and art works have been illegally used at home and abroad,which expands the use of folk literature and art works in the public sphere.This has seriously damaged the legitimate rights and interests of the specific groups and caused great losses to China’s economic and social development.Therefore,it is urgent and necessary to adopt private laws such as copyright law to protect folk literature and art works.However,the protection of folk literature and art works is a worldwide problem.Internationally,most countries have issued private laws to protect folk literature and art works,but in terms of protection system,there is no effective protection mechanism.Based on the research on the protection of folk literature and art works from the perspective of public sphere,by using the methods of literature analysis,comparative analysis,induction and summary,and empirical analysis,this essay studies and improves the protection method for folk literature and art works with reference to the relevant laws,regulations,and relevant judicial precedents from the perspective of the public sphere.Firstly,the essay illustrates the basic theory of folk literature and art works,the institutional value of the public sphere in the copyright law,and the internal logic and value of the combination of the public sphere and the protection of folk literature and art works.Secondly,this essay sorts out and empirically analyzes the relevant laws,regulations,and cases of the protection of folk literature and art works in China,and summarizes the current situation of the protection of China’s folklore and art works and the focus of controversy in judicial practice.Thirdly,this essay summarizes the problems and causes related to the protection of China’s folklore and art works from the perspective of the public sphere.Finally,by learning from the experience of protection of folk literature and art works abroad,this essay improves the method for protection of folk literature and art works from the perspective of the public sphere,providing reference for the protection of folk literature and art works in China.