Research On The Copyright Protection Of Folklore Works

In today's society, the legal issues related to high-tech are attached importance by people, but the legal protection of folklore works is a problem which is always less concerned about. However, the works of folklore, as a part of traditional knowledge, is being more and more wide-ranging commercial use, its potential cultural values and the commercial values of increasing prominence make disputes of rights more and more increasing. Folklore question of the legal protection is becoming more and more international and domestic social concerns. At present, many developing countries and relevant international organizations are actively promoting the works of folklore of the national intellectual property laws. So far, China is in a state of blank about the copyright protection of works of folklore. This paper puts forward the ways of copyright protection of folklore works in China and analyzes some specific questions on the basis of legislative experience of international and other countries, combining with the protection of our country folklore status of the legislation and judicial practice. The author of this paper hopes that this issue will cause legislators, legal experts and scholars of our country attach importance to the legal protection of works of folklore, and set up quickly the copyright protection system of folklore works which will make the traditional folklore develop healthily.This paper is divided into four parts except for introduction and conclusion.Part One introduces the first case of "Boat Song of the Wusuli River" in China that is the violation of copyright of works of folklore, including the basic circumstances of the case, the focus of the case, controversies and differences of opinion and some caused consideration. Through the analysis of the case, the paper points out the positive significance and the principle of judicial protection about the works of folklore which is established by our country, leading to people's consideration of the deep-seated problem about the protection of works of folklore in China.Part Two points out that the copyright protection of folklore works is become an international trend which our country should adapt to and our country should enact the laws and regulations which safeguard the works of folklore by analyzing the legislative achievement and attitude of the protection of works of folklore in international community, and the current situation of legislation and the state of judicature about our country's protection of works of folklore.Part Three explores the existing barriers and feasibility of the copyright protection about the works of folklore, pointing out that there exist some defects in the traditional copyright protection of works of folklore . But we can create the new copyright system, putting the works of folklore into the framework of the law of copyright protection which has feasibility for them.Part Four systematically explores several problems about the copyright protection of folklore works in China including the main body of rights, the scope of protection, the position of law, the actions of violation and responsibility of the adapter . By analysis of these issues, it puts forwards some ways of thought and suggestions which will improve the legal system of copyright protection about the works of folklore in China.