| Chinese culture, which has five thousand years of history, has been a valuable asset in the world’s cultural history. Rich in the form, broad in the content and far-reaching in its implication, Chinese culture has become the spiritual power to encourage all sons and daughters of the Chinese nation to make progress. Cultural development is closely related to the progress of social productivity, and is closely integrated with lives of ordinary people. Culture is a mirror to reflect people’s psychological changes. The history from ignorance to civilization is a process of cultural formation, accumulation and development, as well as a cumulative process of the cultural value. Many cultural heritage and development is a bottom-up processing, meaning that folk culture created by the ordinary people has become an important force in historical progress. Folklore, which has realized self-renewal and self-breakthrough in this process has gradually formed a complete mechanism for elimination and progress. Pan Gu creates heaven and earth, Goddess Nuwa fixes up the sky, Goddess Chang’e flies to the moon and other folk myth carries the innovative spirit of the Chinese nation. Tribal totems and folk ballads have turned into a spiritual bond to maintain the relationship of clan groups. The broad array of folk literature, dance, arts and crafts shows the wisdom of the working people. However, the development of folklore has not been easy. After thousands of years of baptism, many of the folk literature and art had lost in history, presented before modern people only through ancient books or legends. Cultural disappearance in some ways is a normal phenomenon, like the body’s normal metabolism. What should be alerted is whether there exist external factors beyond the self-cleaning function which may result in acceleration of this cultural disappearance phenomenon. Today, due to the rapid development in all aspects of politics, economy, cultural values and technology, the normal growth mechanism of folklore has suffered a certain degree of damage, no timely protection and excessive commercialization, etc. has become a threat to the existing folklore which is faced with a tough situation for its protection. Protection of folk literature and art is not only critical to the continuation of our historical and cultural tradition, but is also the inevitable requirement of the era of economic globalization to deal with foreign cultural hegemony. The importance manifested by folk literature and art itself requires us to have more in-depth understanding of its nature and the law of its development, and on this basis to improve the mechanisms, give play to the role of law and promote its scientific development. Based on the discussion and research into the basic theory, the basic properties of folk literature and art, along with the choice of folk literature and art protection modes of various countries in the world, the thesis analyses whether the current intellectual property protection mode for folk literature and art adopted by our country is effective and how to protect folk literature and art in light of China’s actual conditions, and also proposes appropriate measures in hopes of providing a reference for effective protection of folk literature and art. |
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