What are the legal protections and characteristics of folklore works
1. Characteristics of folk literature and art works
First, folk literature and art works are a kind of folk literature and art works through a certain The product of an impersonal, continuous and slow creative activity process carried out by the continuous imitation of several generations of a social group. 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. Folk literature expression forms include: (1) oral expression forms, 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 rituals; (4) Tangible forms of expression, such as: (1) Folk art, especially strokes, paintings, carvings, sculptures, pottery, mosaics (puzzles), wood products, metal vessels, and jewelry , weaving, embroidery, textiles, carpets, clothing styles; (2) musical instruments; (3) architectural art forms. In our country, folk literature and art works are expressed in writing, oral narratives, music, drama, dance, fine arts and other works. Living habits, traditional etiquette, religious beliefs, and scientific opinions do not belong to folk literature and art works.
Third, the author of the folklore work is the social group that created the folklore work. This social group It can be a nation, or a village of the same nation, or it can refer to several nations. Folk literature and art works have no specific author.
Fourth, the rights to folklore works belong to the social group that creates and preserves the folklore works.
Fifth, the protection of rights in folk literary and artistic works is not subject to limitations of statute of limitations. The right to modify folklore works is always enjoyed by the social group that creates and preserves the work, and there is no protection period for the property rights of folklore works. In this regard, the Tunisian Model Copyright Law believes that folk works are jointly created works, and there is always Authors who have not yet died exist, so the protection of folk works is not limited by time.
Sixth, the use of folklore works within the scope of tradition and custom is considered fair use. Even if it is used for profit, no permission is required and no remuneration is paid.
Seventh, the rights to folk literature and art works belong to the society that creates and preserves the work. The property rights in folklore works are exercised by groups, or the property rights in folklore works are exercised by the local folklore authorities.
Eighth, the property rights of folklore works cannot be transferred, but authorized use is allowed.
Ninth, when using folklore and art works for profit-making purposes and outside of traditions and customs, permission should be obtained from the competent department of folklore and art or relevant social groups. For example , Article 6 (3) of the Tunisian Model Copyright Law stipulates: Copies of domestic folk creations printed abroad and copies of translations, adaptations, arrangements or other adaptations of domestic folk creations printed abroad, No import or domestic distribution is allowed without authorization from the competent authority.
2. Legal protection of folklore works
(1) International legal system for the protection of expressions of folk literature
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 protected their own traditional national culture, thus proposing the expansion of copyright objects. Requirements. 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, developing and developed countries should In order to balance the copyright trade, some countries and regions have successively listed folk literary expressions as copyright objects for protection.
(2) China’s protection of folk literature and art works
Our country is an ancient civilized country with a rich output of folk literature and art works. Protecting folk literature and art works will help to excavate our country's national cultural heritage and promote the nation. culture, develop the private economy, enhance national unity, andIt will help to achieve a balance in copyright trade between my country and developed countries. In view of the particularity of folk literature and art works, my country's Copyright Law clearly stipulates that their protection methods shall be separately stipulated by the State Council. There is currently no complete plan on how to protect it.
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