Study On The Collective Rights Of Subject Of Copyright Of The Folk Art

China is a vast multiethnic country, folklore works dazzling, colorful, is a concentrated expression of the ethnic diversity. With the development of society, folklore works gradually to the commercialization of transition from the traditional use of high artistic value and commercial value is apparent. Since the legislation has not been able to introduction of folklore, traditional folk literary and artistic works in modern society is not a good legal environment, which also led to a lot of problems.In recent years, the frequent copyright disputes of folklore, and other countries to plunder the resources of Chinese folklore phenomenon also occurred, folklore works legislation should not be stalled. Among them, the biggest legislative folklore works copyright main difficulty is defined the rights body determine Mediating contention, protect and pass on the key works of folklore. In this paper, the comparative method, case study method, empirical analysis, on the basis of foreign legislative visits and a scholarly analysis, the use of the basic theory of the intellectual property right of ownership to analyze the works of folklore that should be by the source The groups enjoy copyright in its creation and retention of folklore. Essential attribute of folklore and particularity perspective, the main mode of group rights is not only a theoretical basis, and also has a real possibility of the source groups can be finalized according to the double standard of racial and geographic.The basic concept of copyright law and the principles and folk literature works of art fit, as long as the modest innovation and expansion within the existing legal framework, can of folklore inclusion of. Of folklore as a human intellectual effort, have fit Objective Copyright copyright laws, you can not just give up because of the special nature of its creation subject. The copyright laws by giving the source groups as a collective of recognition of the copyright status of subject and appropriate innovative civil legal representation system capacity to address the sources of group behavior defects, complemented by the interests of balancing mechanism and registration system. Building of folklore the copyright group rights body system, it is necessary to respect the traditions and habits of the source groups, highlighting the protection of moral rights.