Research On The Protection Of The Copyright Of Derivative Works Of Folklore

With the steady advance of the socialist market economy,more and more works derived from folklore appear in the public's field of vision.However,there are few researches on the related concepts of folklore.At the legislative level,the “Copyright Law of the People's Republic of China” makes only principle provisions on folklore works,and lacks clear provisions on the protection of works derived from folklore,which leads to the rights of folklore in litigation are not clear.In reality,many judges are not reasonable enough.Therefore,this article aims to study the copyright protection of the works derived from folklore,based on the analysis of the three concepts of folklore,folklore works and works derived from folklore,and starting from the legal relation of the works derived from folklore,points out the legal problems in the protection of copyright.Combined with specific cases in judicial practice,as well as the provisions of international conventions and regional treaties,from the perspective of legal protection,this paper analyzes the identification of the works derived from folklore,the ownership of rights,identification of copyright infringement and copyright protection,exploring ways to promote and innovate folklore without hindering public enthusiasm for creation.