Intellectual Property Protection Of Folk Literature And Art

The author, with the ardent love for our nation's charming and marvelous folk art, aims at probing a valid way to protect our nation's folk culture and art, for it is of great significance and young generation's reponsibility to do so, especially under the trend of the westernization in ideology and the wane of our traditional culture. Putting forward the discussion of how to protect folk art roots in its urgent situation: the economic integration triggers the cultural globalization, as the result of which the west is intruding and even devouring other nations'culture and thus through powerful business process mode, seize tremendous commercial profits from other nations'culture. At the same time, protection for the benefit of source culture is too feeble while the developed countries have the say, and the worse, there is no mature legal system to guard the related interest body. Dispute could not stop without complete law system while more conflicts emerging in both overseas and home were found in the advancing and heritage of folk art and literature, urging the perfection of corresponding legislation and law theory. The protection of folk is not from plain nationalism or nostalgia complex. It is reasonable no matter from the angle of right source, justice or human right protection. On the basis of jurisprudence, the thesis, through the historical and the comparative analysis method, discusses the justification foundation from many references to the knowledge of culturology, folklore and sociology. The author also introduces the current status of law and related experience, and by analyzing the consistency and divergence between folk art protection and intellectual property protection in the legal relationship of subject, object and right content, the author puts forward that setting special law in the intellectual property protection system available to protect folk art is relatively rational, i.e., to set the group of source folk culture as right subject, to pinpoint legal status of heritor and neighbouring obligee, to establish mechanism of right protection and social adjustment.