A Study On The Equality Of Rights And Interest Balance In Folk Literature And Art Works

According to the basic idea of the design of the intellectual property system,a country rich in folk literature and art works is an important part of its intellectual property,is a valuable asset of the state,should give it unique rights,any unauthorized,unpaid price,unauthorized use To seek commercial interests;and any distortion,abuse of behavior should be prohibited.Folk literature and art works of great social value and economic potential,and its intellectual property properties have been gradually recognized by the academic community.China's copyright law has long been folk literature and art works as one of the types of works,but the special protection of folk literature and art works regulations have not yet introduced.In accordance with the "State Council 2014 Legislative Work Plan",the National Copyright Administration drafted the "Folk Literature and Art Works copyright protection regulations(draft)".The core part of the folk literature and art works of the ownership of the problem;folk literature and art works in the protection of the interests of the balance mechanism is worth exploring and perfect place.Therefore,the paper chooses the research on the attribution and interest balance mechanism of folk literature and art works,and tries to discuss this problem deeply from the aspects of domestic and international level,macro and micro level,theoretical discussion and system design.Property rights system within the framework of the search for folk literature and art works of intellectual property protection model.In the commercialization of folk literature and art works,involving the folk literature and art works of the right people;folk literature and art works of the successor;folk literature and art works of the record,collect,organize human material interests or spiritual interests,how the material interests Reasonable allocation,related to the folk literature and art works of inheritance,innovation and other issues.In the maintenance of heritage,the continuation of tradition at the same time,but also the pursuit of innovation,to achieve public welfare.Therefore,in the protection of folk literature and art works,we must take into account the inheritance and innovation,groups and public welfare,to achieve inheritance and innovation,group and public welfare interests balance.Chapter 1: It mainly introduces the research background,the significance of the research,the ideas and methods of research and the innovation and deficiency of the research.Chapter 2: Problems in the Protection of Folk Literature and Art Works in China.The most important problem is undoubtedly the subject of ownership and the balance of interests.This chapter makes a detailed analysis of these two issues.Chapter 3: Investigation on the Legal Protection of Folk Literature and Art.The protection of folk literature and art works is a worldwide problem.The legislation of the protection of folklore works in our country must draw on the laws and regulations of the protection of folk literature and art.This chapter makes a detailed review of the relevant laws and regulations.The fourth chapter to crack the two basic problems and legislative proposals.This chapter puts forward some suggestions from the aspects of the determination of the right subject and the construction of the interest balance mechanism in the protection of folk literature and art works.