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Discussion on the Subject of Right of Folklore

Author: ZhangXu
Tutor: ZengJia
School: Northwestern University
Course: International law
Keywords: folklore subject source group
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 213
Quote: 2
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Abstract


With the increasingly frequent international exchanges, the potential cultural value and commercial value of folklore emerge gradually so that the ownership of folklore has become increasingly prominent. How to determine the subject of right of folklore is a major problem on the legal protection of folklore. For the legal protection of folklore, the subject problem namely who owns the right of folklore, is a core problem, which is difficult and unavoidable but worth discussing.The determination of subject of right concerns the distribution of interests, the exercise of rights as well as the assumption of obligations. Only if obligations and rights are put on the appropriate subject, people could be effectively inspired to protect and rescue the precious and fragile folklore. Based on the study of foreign legislations and combined with the practical experience gained in protection of folklore, this paper elaborates on the subject of right of folklore to exactly define the subject of right. The reason why author chooses this topic is not to aim at proposing a perfect solution for the subject of right of folklore, but just hope to draw high attentions from legislators, law experts and learners to this issue and make this problem solved as soon as possible, so as to build up a protective law system and be-healthy law circumstance for the development of folklore in modern society.On the whole, this paper is divided into 3 parts to discuss the subject of right of folklore except prologue and postscript. Firstly it must be clear that what folklore is before studying the subject of right of folklore, so the first part specifies folklore at first and summarize its law characteristics, and then draw boundaries between folklore and relative terms and conceptions to better define the subject of right. Then introduces the international trends and background about the protection of folklore and demonstrates the necessity to define the subject of right of folklore.The second part mainly analyzes the definitions of the subject of right of folklore made by international legislative proposals and legislations, and learns from those suggestions to take those merits to overcome self shortcomings. On this basis, the third part is the opinions of author about the study on the subject of right.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil
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