The Predicament And Reduction Of The Protection Of Copyright In Folklore Works

Dispute on the copyright protection of works of folklore exists for a long time. In our country, it has been more than 20 years since the Copyright Law was promulgated. According to the principle of that time, the methods of copyright protection of works of folklore were prescribed by the State Council. However, relevant regulations failed to appear. Over the last two decades, documents discussing this topic were countless and many consensuses were reached, but there were still some differences. In early September 2014, the National Copyright Administration announced the Regulations on Copyright Protection of Works of Folklore (Draft for Soliciting Opinions) to solicit public opinions. Based on the analysis of related disputes, this thesis discusses the mode and specific measures of the protection of works of folklore and proposes a brief assessment on the Draft for Soliciting Opinions.In addition to the introduction and conclusion, this thesis is divided into four parts. Firstly, the concept of works of folklore is defined. Then the characteristics of works of folklore are analyzed, pointing out its four characteristics which differ from that of general works. What’s more, the modes and selection of legal protection of works of folklore are analyzed. Secondly, the plight and its causes of copyright protection of works of folklore are analyzed. The plight is that it is difficult to determine the subject of protection, to define the range of right, and to attribute the responsibility. The causes for the plight are due to the inheritance of group creation and the vagueness between the public and private interests in works of folklore. In addition, there are problems of "plight of collective action" and "agency problem" in protection. Thirdly, personal opinions about how to reduce the plight of copyright protection of works of folklore are put forward. In addition to determining the ordinal selection of protection subject and defining the range of limited right, the cultivation of public consciousness and the publicity of agent affairs especially deserve more attention. Finally, comments and suggestions for the Regulations on Copyright Protection of Works of Folklore (Draft for Soliciting Opinions) are given. Its value lies in the choice of reasonable protection style and reasonable definition of ownership and content of right. Its deficiencies are shown through the unclear "authorization mechanism" and unscientific "profit distribution mechanism" of the works. The relevant suggestions of improvement are given on this basis.