| Under the trend of promoting the creative transformation and innovative development of museum cultural resources,museum cultural relics derivatives have become an important carrier for deeply exploring cultural resources and inheriting traditional culture,reflecting the cultural innovation progress of combining modern art aesthetics with historical relics.At present,with the strong promotion of national policies for the transformation and utilization of cultural resources and the increasing demand in the cultural market,museum cultural relics derivatives have gradually shifted from simple reproduction of cultural relics to creative products with strong creativity and modern design by creators.As an innovative interpretation and expression of cultural relics,museum cultural relics derivatives are a secondary creation of cultural relics,investing the wisdom and effort of creators.The protection of cultural relics derivatives through copyright has a positive value in protecting intellectual achievements,stimulating cultural innovation,and achieving a balance of interests.However,at present,there are still certain problems in the definition of work types,determination of copyright ownership,copyright authorization mechanism,and work creation of museum cultural relics derivatives in China,which can easily lead to disputes over the copyright of museum cultural relics derivatives.This not only has a negative impact on the reputation of the museum’s own cultural units,but also hinders the copyright protection of museum cultural relics derivatives,which is not conducive to the protection and dissemination of cultural knowledge achievements.On the contrary,the development of cultural industries such as museum cultural relics derivatives in foreign countries is relatively mature,and the protection of intellectual property rights is relatively complete,which has certain reference significance for the copyright protection of museum cultural relics derivatives in China.Therefore,this article analyzes the current situation of copyright protection of museum cultural relics derivatives,summarizes and summarizes the problems in the current copyright protection of museum cultural relics derivatives in China,and summarizes the inspiration for China by drawing on foreign experience,and puts forward corresponding suggestions.On the one hand,it is conducive to strengthening the protection of museum cultural relics derivative copyright,and on the other hand,it is also conducive to promoting the rational utilization of museum cultural resources and the development of the cultural industry.This article mainly adopts the methods of literature analysis,case analysis,and comparative analysis to study the copyright protection of museum cultural relics derivatives.The whole is divided into six parts.Firstly,the introduction section introduces the background of the research topic,the purpose and significance of the research,the research content and methods,as well as a review of research on the copyright issues of museum cultural relics derivatives at home and abroad.On this basis,the basic theory of copyright protection for museum cultural relics derivatives is explained,including clarifying the concepts of museum cultural relics and cultural relics derivatives,distinguishing the concepts of museum cultural relics derivatives and museum collection derivatives,analyzing the types of museum cultural relics derivatives,and then elaborating the value of copyright protection for museum cultural relics derivatives.By sorting out the applicable legal provisions for the protection of museum cultural relics derivative copyright,and analyzing typical cases of disputes over museum cultural relics derivative copyright,this paper introduces the current status of museum cultural relics derivative copyright protection,and summarizes and summarizes the issues of unclear definition of types of museum cultural relics derivative works,unclear ownership of copyright,imperfect copyright authorization mechanism,and non-standard work creation behavior.And through comparative analysis,this paper summarizes the practices and experiences of Japan,the United States,France,and the United Kingdom,and summarizes the inspiration that China can apply to the protection of museum cultural relics derivative copyright.After raising questions and drawing on experience,suggestions were put forward for improving the protection of museum cultural relic derivative copyright,including clarifying the types of museum cultural relic derivative works,clarifying the ownership of museum cultural relic derivative copyright,improving the authorization mechanism for museum cultural relic derivative copyright,and strengthening the standardization of museum cultural relic derivative creation.Finally,summarize the conclusion of the article,summarize the problem ideas and legal suggestions studied in this article.The author hopes that through this research,it can provide some reference for how to achieve copyright protection of museum cultural relics derivatives. |