Xilankapu is a treasure of ethnic culture and art inherited by Tujia people for thousands of years.It was listed in the first batch of national intangible cultural heritage list in 2006,and has very important cultural value,artistic value and economic value.Xilankapu is a variety of cultural and artistic works of Tujia ethnic group,and it is necessary and realistic to protect it with copyright.Protecting the copyright of Xilankapu of Tujia ethnic group highlights the important significance of protecting ethnic culture and art,respecting the habits of ethnic minorities,maintaining ethnic economic order and encouraging the inheritance of ethnic culture.Tujia Xilankapu’s weak copyright protection and insufficient supply of legal system make it difficult to determine the subject of rights,the dilemma of choosing personal rights and property rights,the dilemma of the term of protection of works and the difficulty in identifying original expression.Japan’s intangible cultural heritage copyright protection Law of Cultural Property,the United States’ intellectual property protection Law of National Historic Heritage,Folklore Protection Act,Indian Arts and Handicrafts Act,Tunisia’s Literary and Art Property Law,Tanzania’s Law on Copyright and Adjacent Rights can be used for reference and inspiration.To improve the protection system of Tujia Xilankapu copyright,including clarifying the subject of right,clarifying the object of right,optimizing the content of right,prolonging the protection period and defining the originality standard.Tujia Xilankapu copyright protection suggestions: completing the Xilankapu copyright registration institution,the main duties,registration content and effectiveness,and other special registration system,using a variety of intellectual property rights protection mode,strengthening the protection of public rights,as well as digital heritage protection work,network transmission protection which Xilankapu shall be protected by the second creation. |