Constructing The Copyright Protection System Of Chinese Folklore Works

Folklore works with Chinese characteristics are not only the cultural heritage and wisdom crystals of all ethnic groups in China,but also the spiritual food on which the people of all ethnic groups depend.With the development of the times,it has not been properly protected at home and abroad,so that the works have been abused and even reduced to "money-making tools" of other countries.Although the international community has been paying attention to the protection of folk literature and art since the last century and has enacted legislation,it has not achieved the desired effect because the system is not perfect and does not match with its own national conditions.China’s traditional culture is vast and profound,and there are many works of folk literature and art.Although there were public laws introduced to protect traditional culture in the early days,they did not fully cover the legitimate rights and interests of the creative subjects and communities.Although a draft of the copyright protection regulations for the protection of folk literature and arts was introduced in 2014,it was not really implemented due to the large number of questions.Nowadays,the promulgation of the "14th Five-Year Plan" and the entry into force of the RCEP agreement in China mean that China is trying to activate the copyright legislation of folk literature and art,and the copyright protection system of folk literature and art works needs to be constructed.Therefore,we should start from our national conditions,base on international treaties and learn from the feasible systems of other countries,analyze the problems of existing protection models and the defects of existing research theories by clarifying the concept and characteristics of folklore works in China,and consider the importance of the protection of folklore works from the perspective of legal philosophy and protection value,so as to establish the basic principles that should be followed for copyright protection in China.In this way,the main rules are formulated on the basis of the basic principles of copyright protection in China,with a view to constructing a unified foundation for the protection of folklore works with Chinese characteristics in the legal system and judicial practice.