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Folklore studies the subject of rights

Author: LuZuo
Tutor: ZhangGeng
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Folklore Subject of rights Collective rights
CLC: D923.41
Type: Master's thesis
Year: 2008
Downloads: 343
Quote: 3
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Abstract

Folklore as a kind of non-material cultural heritage, is a country, a nation shared memory and heritage context. China since ancient times is a multi-ethnic country, the motherland of all ethnic groups in different development environment to survive, survive, but also to the creation of the national genius colorful folklore. However, with the world economic integration and cultural globalization, folklore by the powerful Western modern industrial civilization and the information society a serious impact on cultural values, is facing an extremely severe situation. To this end, the international community to give a high degree of concern and attention. Since the 1960s, many international organizations, countries, traditional tribal and related experts and scholars began working on the protection of folklore studies about the folklore issued on the legal protection of their own voice, put forward various protected mode, a number of international organizations and developing countries have also conducted the first legislative attempt. But usually age-old folklore, specifically creators often have non-research; the other hand, the creators of folklore and protect intellectual property rights was often the subject of general do not have the population characteristics. These reasons make the main elements of folklore, the content does not meet the current intellectual property law, resulting folklore issue has become the subject of rights theory and practice in a variety of protected mode are facing a common problem. This article is the subject of rights in folklore as the research object, analyzes the existing intellectual property system, especially in the protection of copyright system creators of folklore and security interests of the missing people, pointing out that collective rights to establish the reasonableness of the main mode, and according to our specific conditions, proposed construction of collective rights body system specific proposals. Text of about 40,000 words, in addition to the introduction and conclusion, is divided into four parts. The first part is \First, we discuss the use of the term folklore precise issues and concepts. \Secondly, the legal characteristics of folklore discussed. This article focuses on the angle from the body and grasp its characteristics were analyzed, discussed folklore groups and individual creative heritage of two characteristics. Again, based on the analysis of characteristics into folklore type. To the main research perspective to the group's intellectual achievements and intellectual achievements of individual criteria for the classification of folklore into the type and sub-type parent. Reflect the quality of a particular group or culture heritage features of the basic paradigm or program for female folklore; these stylized or something paradigms members of the group from generation to generation through oral transmission of personal body granted, and through them the form of specific individuals show, these specific manifestation of folklore subtypes. Based on folklore female reproduction, imitation, performances, compilation or interpretation of the group members is the folklore heritage. The distinguished heritage of folklore creators and Paul was, for the right to clear the body of folklore is particularly necessary. The second part is \This section first to copyright, for example, examines the intellectual property system in the main structure of the historical evolution and changing process. From the \However, despite this, the Western developed countries, technological progress and industrial development and make a significant contribution to the existing intellectual property system will remain the main concept of individualism into its central position, the subject of this individuality intellectual property system in promoting knowledge-based industries and Western countries development of cultural industries, but also for the protection of folklore and development has brought problems. The intellectual property system in the evolution of the main structure to inspect, based on the discussion of the subject of the current intellectual property system and folklore conflict. Folklore subject of rights issues facing the main stumbling block is that developed by the Western countries and leading modern intellectual property system adheres to the individual as the center of the main system and the folklore group creative feature is in conflict so that existing intellectual property law regime is unlikely to folklore actively protect the interests of intellectual property and makes it difficult to guarantee the preservation of folklore and sustainable development. Secondly, specific folklore creators can not be verified, which in turn with current copyright law certainty about the identity of the author is not consistent requirements, current copyright law regarding the definition of authorship can not be used to adjust the folklore of this the outcome of collective creation. Folklore on individualistic concept of authorship challenges. The third part is \For the main problem right folklore, scholars from various countries unite suggestions put forward mode, international organizations and relevant countries have also carried out the corresponding legislative attempts, compared with a representative view there are three, namely the main mode of individual rights and collective (group) the subject of rights and national rights body mode mode. Individual rights is the main mode of folklore works the same as ordinary individuals that variation in the spread is not clear how the case should be presumed to recent heritage of human oral copyright holder; if there documenting the involvement of those, you can confirm After finishing work to fix those derivative works, or as inheritors who cooperate with the finishing works. However, there is currently no international organizations and relevant national legislation adopted in this mode. Collective (group) main mode is the traditional rights of tribal folklore as a subject of rights. Today, the international community has a lot on genetic resources, traditional knowledge and folklore legislation made on the \State model is the subject of rights of national folklore as the subject of rights, while specific national institutions authorized to exercise their rights. In the above three models on the basis of a brief introduction, several models were made for the review, and is the subject of rights folklore rational choice model leads to thinking that the more realistic approach is to let folklore attributed create and maintain its tribes, namely the right to take collective body mode. The fourth part is \First expounded folklore collective rights body model is reasonable. In the practical level, there are many developing countries have made the first model of collective rights legislative and judicial attempts. On this basis, the main mode of collective rights proposed the construction of specific systems framework. First, the \respectively, to determine their legal status. Combining traditional tribal situation, it is necessary to determine the rights of the subject of folklore; two main interest is to determine the representative body. We should be classified as folklore to create and maintain its traditional tribal; For multiple regions or tribes spread, maintain, difficult to determine their specific generation time of folklore can be jointly owned by a number of tribes; For those who have pass over the country but its origin can not be verified folklore groups, depending on the country to be the subject of rights. Establish the main representative body of folklore, you need according to China's actual situation, the relative concentration of the circulating ground, located in a particular region or ethnic folklore, should be allowed to set up private voluntary agencies, managing member of the relevant rights. For those who spread to relatively decentralized, cross-regional, and national or ethnic folklore should establish a special representative of the main representative body of the exercise and maintenance of traditional tribal folklore related rights. In addition, according to the folklore heritage areas, adapted to collect, record, collate, such as several acts of nature and in practice, implementation of the main differences will folklore stakeholders into successors, arranger and folk songs, and their respective legal status be discussed separately.

Folklore studies the subject of rights

Abstract

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