Study On The Legal Protection Of Expression Of Folklore In China

Works of folk literature and art is defined by a certain social group (regional ornational) created in the long process of historical practice, unable to determine theoriginal people, through the long-term evolution, from generation to generationgradually formed with regional colors reflect the literary and artistic characteristics ofthe group, also can be reproduced in a tangible way of intellectual achievements. Ourcountry has many deficiencies in the protection of folk literature and art works, speciallegal protection is also a blank, therefore we need to protect folk literature and art workswith copyright legislation.This paper mainly in the current legislation, through the application of intellectualproperty law theory to explore the protection of Northern Shaanxi folk literary andartistic works, this paper mainly consists of the following parts:The first part is an overview of the works of folk literature and art. This articlefrom the basic theory of folk literature and art works as the breakthrough point,introduces the concept of folk literary and artistic works, works of folk literature and artcharacteristic and group, regional, inheritance and innovation, the relationship betweenfolk literary and art works with other related concept, description of works of folkliterature and art and intangible heritage, literature folk literature, folk literature and artexpression and traditional knowledge in different. To clarify its relationship with relatedconcepts, is conducive to the practical problems we can solve in law.The second part introduces the present situation and problems of works of folkliterature and art. Summarizes the types and the music expression forms, activities andtangible form of expression in Northern Shaanxi folk literary and artistic works, thestatus of the analysis, pointed out that the relevant legal responsibility the mainproblems existing in the protection and the main body is not clear, the term ofprotection of rights, the lack of excessive restrictions, and the content of the right ofuncertainty.The third part introduces the international experience of legal protection of folkliterary and artistic works. This article from the "Berne Convention","Banguiagreement" provisions, UNESCO and WIPO of the international legislation practice andthe South Pacific demonstration method which aspects of international treaties on theprotection, finally summarizes the legal protection of country of Tunisia, Panama, Russia, Philippines, Indonesia, South Korea, Japan, the UK and so on folk literatureworks of art.The fourth part mainly analyzes the construction of legal protection system of theNorthern Shaanxi folk literary and artistic works. First analyzes the legislativeexperience of China’s protection of folk literary and artistic works, and then to the NorthShaanxi folk literary and artistic works copyright protection system recommendationsand defining the subject of right, right protection period, clear legal responsibility,authority and a clear reasonable limitation of rights. Through the discussion of thispaper, we hope that the legal protection of Northern Shaanxi folk literary and artisticworks contribute.