What are the legal protection and characteristics of folklore works
1. Characteristics of folk literature and art works
First, folk literature and art works are impersonal and impersonal works that are imitated through generations of a certain social group. The product of a continuous, slow process of creative activity. For example, the dragons in our country evolved from the fish-patterned dragons of the Yangshao culture to the snake-patterned dragons of the Zhou Dynasty. Through the Han, Ming and Qing dynasties, the shape of dragons has been developed to today's dragons. The evolution history of dragon creation has spanned thousands of years.
Second, the expression form of folk literature and art works Rich. The expression forms of folk literature include:
(1) Oral Forms of expression, such as folk stories, folk poems and folk riddles;
(2) Musical expression forms, such as folk songs and instrumental music;
(3) Activity expression forms, such as folk dances, folk games, folk art forms or folk religious ceremonies;
(4) Tangible forms of expression, such as: (1) Folk art, especially strokes, color paintings, Carvings, sculptures, pottery, mosaics (puzzles), wood products, metal vessels, jewelry, weaving, embroidery, textiles, carpets, clothing styles; (2) musical instruments; (3) architectural art forms. In our country, folk literature and art Works can be expressed in the form of writing, oral narration, music, drama, dance, art, etc. Living habits, traditional etiquette, religious beliefs, and scientific opinions do not belong to folk literature and art works.
Third, the quality of folk literature and art works The author is the social group that created the folklore work. This social group can be a nation, or a village of the nation, or it can refer to several ethnic groups. There is no specific author for the folklore work. Performing folklore A certain rapper or dancer in the work is not the author of the folk literature and art work. For example, there is a "Yu Tu" dance in Nianduhu Village, where the Tu people live in Tonghong County, Huangnan Tibetan Autonomous Prefecture, Qinghai. "Yu Tu" is a dance of Chu in the Spring and Autumn Period and the Warring States Period People's name for tiger can be vaguely seen in the "Yu Tu" dance, which was performed by the Chu people to worship the mountain gods more than 2,000 years ago.
Fourth, the rights to folklore works belong to the social group that creates and preserves the folklore works.
Fifth,The protection of rights in folklore and artistic works is not subject to limitation by statute of limitations. The right to modify works of folklore and art is always enjoyed by the social group that creates and preserves the work, and there is no protection period for the property rights of works of folklore and art. In this regard, the Tunisian model copyright law believes that folk works are jointly created works and there are always authors who are not dead. Therefore, the protection of folk works is not limited by time.Sixth, use within the scope of tradition and custom All works of folklore and art are fair uses. Even if they are used for profit, no permission is required and no remuneration is paid.
Seventh, the rights to folk literature and art works belong to The social group that creates and preserves the work shall exercise it, or the property rights of folklore works shall be exercised by the local folklore authorities.
Eighth, property rights in folk literature and art works Not transferable, but licensed use permitted.
Ninth, when it is for profit and To use works of folklore and art outside of traditions and customs, permission must be obtained from the competent department of folklore and art or relevant social groups. Example
2. Legal protection of folk literature and art works
(1) International protection of folk literary expressions Formal legal system
The legal system for copyright protection of folk literature and art works was gradually formed and developed after the 1960s. The initial reason was that developing countries protect their own traditional national culture. , thereby putting forward the requirement to expand the subject matter of copyright. Previously, both developing and developed countries could use a large number of rich folk literature and art resources in developing countries free of charge. In order to prevent the occurrence of tampering, distortion, and unauthorized use of folk art works, it was realized In order to balance the copyright trade between developing and developed countries, some countries and regions have successively listed folk literary expressions as copyright objects for protection.
(2) Protection of folk literature and art works in China
Our country is an ancient civilization with a rich output of folk literature and art works. Protecting folk literature and art works will help to discover China's national cultural heritage, promote national culture, develop folk economy, enhance national unity, and help achieve a balance in copyright trade between China and developed countries. In view of the particularity of folk literature and art works, China's Copyright Law clearly stipulates that Protection measures will be separately stipulated by the State Council. There is currently no complete plan on how to protect them.
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