Copyright Lower Utilization And Protection Of Folklore

Folk literature art works is a national community’s cultural art, life history, customs, naturalenvironment, psychological characteristics of reflect and accumulation, is the national traditionalculture and an important part of the art treasures. Due to various reasons, the development of folkliterature art works difficulties. At present our country for the protection of folk literature art works isstill in a low level, up to now,there is no specific legislation protection, especially on copyright,which makes our folk literature and art of the essence of the loss, theft by foreign shameless, illegalmolecular damage. These problems have also and folk literature and art to the particularity of its ownexistence inseparable.The author tries to copyright from the perspective of folk literature art works of the subjects of theright, the right content, to carry on the analysis, in order to find out the rights of folk literature artworks subject classification, right content and limited and explore different main body right and rightexercise of the special conditions, and find out the folk literature art legal protection difficulty,especially for the use of folk literature art puts forward some substantial Suggestions, from the"source" of folk literature art works to explore the protection work.First of all, state clearly the basic situation of the folk literature art, folk literature art that legalprotection object is folk literature art works instead of folk literature and art; Then talked about therights of folk literature art works main body, the subject standard was generalized, according to thestandard of the subjects of the right of simple classification analysis.Folk literature art works and from the right content and right limit of the copyright law and theprovisions of the literature about ordinary do a simple comparison, it also demonstrates the folkliterature art works of different attribute for further talking about the use of folk literature art worksprovide the basis and protection.Finally, the folk literature art works, utilization and protection of the proposal, from the point ofview of copyright contrast copyright to common literature utilization and protection to carry on theanalysis, mainly from the folk literature art works of collecting, sorting, commercial use aspect to talkabout, and introduced the benefit sharing problem; Then folk literature art works from the infringement of the responsibility of the constitutive requirements and legal responsibility the twoaspects of the protection of folk literature art works to footnote.