The Legal Protection Of Intangible Cultural Heritage Based On Cultural Right

This article from the concept of intangible cultural heritage and cultural rights of with respect to the protection of the intangible cultural heritage legal relationship object, nature and content of the rights and improve the system basic problems are comprehensively discussed. Firstly, this paper expounds the concept of intangible cultural heritage, cultural rights and so on. Secondly, based on the concept of reasonable fusion, to explore the connotation of intangible cultural heritage and cultural rights, proposed intangible cultural heritage and cultural rights mainly include:(1) collective or individual has the right to enjoy the national intangible cultural heritage results;(2) the collective or individual has the right to participation and the National non material Cultural Heritage related cultural activities;(3) the collective or individual has the right to the national non material cultural heritage of cultural creation activity;(4) collective or individual has the right to enjoy for cultural and artistic creation produced by the spirit and material interests. Then, combined with the content of intangible cultural heritage cultural rights Laifeng County for the non intangible cultural heritage right actuality analysis, summary of Laifeng County in the aspects of intangible cultural heritage protection of cultural rights of existing problems, these problems are mainly embodied in three aspects: first is the cultural achievements in the protection of the difficulties; the second is the difficulties of cultural heritage; the third is lack of reasonable standard of income of intangible cultural heritage. Finally, this paper to cultural rights perspective on Laifeng the case on the legal protection of intangible cultural heritage to make reflections on the perfection of the system, the improvement measures should from two aspects: firstly is to strengthen the intellectual property protection of the intangible cultural heritage,mainly includes the use of intellectual property rights of fair use, statutory license;second is to strengthen the perfection of the laws and regulations related to the intangible cultural heritage, including protection team construction, funds guarantee system construction and the proceeds distribution system construction.