Copyright Protection Of Intangible Cultural Heritage Works

Systemic protection involves political,legal,economic and other aspects,and protection measures in various fields complement each other,so it is not appropriate to rely on or neglect any of them.In terms of legal protection,emphasis should be placed on constructing a complete normative system and practical protection mechanism for the copyright intangible cultural heritage is very extensive,and the protection of different intangible cultural heritage needs different specific system design and practical measures.However,it is difficult to cover all aspects of legal protection.It is one of the common methods of legal research to take individual cases as samples,deeply analyze the problems in individual cases and solve them one by one,so as to find the commonness from the deep.This paper will take the Kazakh intangible cultural heritage work "Hara jorga" dance as an example,through a detailed analysis of the protection status of "Hara jorga",so as to map out the practical dilemma of copyright protection of China’s intangible cultural heritage,and finally form targeted regulation adjustment suggestions.Cut from the Hara jorga,its protection predicament is mainly reflected in the Hara jorga dance form copyright status is not clear,resulting in random adaptation,fuzzy identification.It is analyzed that the reasons for this are objective environmental obstacles,including differences in natural environment,cultural environment and economic level,weak legal awareness of ethnic groups,lack of legal knowledge and ability to protect copyright,and protection difficulties of intangible cultural heritage works such as Hara jorga due to the inherent tension of copyright.Taking "Hara jorga" as an example,the copyright protection of Chinese intangible cultural heritage can be started from the following aspects: to clarify the object of the right of the intangible cultural heritage works,its requirements for originality,and clarify the concept of the intangible cultural heritage works;Clarify the subject qualification of intangible cultural heritage works,including inheritors,ethnic groups,joint applicants,etc.;Clarify the protection scope of non-heritage works and determine the content of rights;Set the permanent protection period of the intangible cultural heritage works,and at the same time,in order to limit the copyright rights,the fair use system of the intangible cultural heritage works shall be stipulated.After the proposal,the comprehensive protection of intangible cultural heritage works is introduced,including the establishment of copyright registration system,the introduction of public interest litigation,and the macro consideration of comprehensive protection.