Research On Intellectual Property Protection Of Digitalization Of Intangible Cultural Heritage In China

Intangible cultural heritage is the cultural property retained in the process of human development,and is the crystallization of the wisdom of the national people of all countries.Its value is immeasurable.A consensus has been reached on the protection of intangible cultural heritage in all countries and regions of the world.The protection of intangible cultural heritage mainly includes preservation and dissemination.Traditional oral and written preservation methods cannot guarantee the integrity and authenticity of intangible cultural heritage,making intangible cultural heritage incomplete or even on the verge of being lost,and soon replaced by modern technology such as film,tape and optical disc.However,film photography and the like are prone to fading,aging,distortion,etc.,and the process of copying and spreading is also cumbersome,and the protection of intangible cultural heritage is once again in a bottleneck.Based on this background,digital protection came into being.Digital technology can transform intangible cultural heritage into advanced data using advanced equipment and technology.When it needs to be displayed,it can be converted into specific text,images,audio and video for display and dissemination,which makes up for the defects of the previous protection methods.It has been widely used in the protection of intangible cultural heritage in China,but in the process it has produced a series of legal problems,which restricts the development of digital protection of intangible cultural heritage.Combining the similarities between the digital results of intangible cultural heritage and the objects of intellectual property protection,it is known that it is most reasonable and valuable to seek appropriate legal means to protect the digitalization of intangible cultural heritage from the perspective of intellectual property.Based on the research of digital intellectual property protection of intangible cu ltural heritage in China,this paper uses literature research method,inductive summarization method and comparative analysis method to expound the basic theory of digitalization of intangible cultural heritage and clarify the value of digital intellectual property protection of intangible cultural heritage.Through the collation and analysis of the local practice of digital development of intangible cultural heritage in representative provinces of China,the existing intellectual property problems are summarized,which concludes the practical needs of the construction of digital intellectual property protection system for intangible cultural heritage in China.Through the analysis of the advantages and disadvantages of the digital intellectual property prot ection experience of the intangible cultural heritage outside the developed countries,the papers worthy of reference are summarized,and the experience enlightenment applicable to China is summarized.On this basis,the paper puts forward specific suggestions on the digital intellectual property protection path of China's intangible cultural heritage.China should choose the dual-track legislative model,improve the current legislation,and formulate supplementary provisions at the same time;improve the specific provisions of the Copyright Law,including defining the scope of digital rights subjects,improving the content of digital works rights,improving the legal relief system;establishing a balance of interests mechanism,including develop a benefit-sharing mechanism and improve the rational use system.In order to provide some reference for the digital intellectual property protection of China's intangible cultural heritage.