In recent years，Developed countries and UNESCO (UNESCO) and World Intellectual Property Organization (WIPO) and other international organizations have gradually reached a consensus on the use of intellectual property to protect folk literature and art。In the "People's Republic of China Copyright Law" introduced in 1990, we can see that the protection of folk literature and artistic copyrights is extremely cautious。until today，Principles of the Protection of Protection of Folk Literature and Art Property、Construction of specific system、What kind of mode is used, etc. There is no conclusion。But the emergence of copyright dispute cases，Research on the protection of Chinese literature and art intellectual property rights in my country becomes a top priority。

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Strict limits of special concepts are essential in solving legal issues，Otherwise, it will be unclear and irrational。Current，There is no definition of the unity of folk literature and art in the world，The reason why it is difficult to define lies in different countries and nations，A specific history、Culture、Language, etc.，The use Bet365 app download and understanding of folk literature and art are different。I think，When defining the connotation of folk literature and art, start with the essence of folk literature and art protection，Understand its internal and substances in a specific context。English refers to the English of folk literature and art is "folklore"。"Folk Literature and Art" contains two parts: "folk literature" and "folk art"。"Folk Literature" includes folk legends、Story、Myth、Proverbs、Ballad、pattern shape、Evilized tradition and language art in the life culture of people。"Folk Art" includes folk arts and crafts、Music、Dance and opera, art created by art to meet the people's aesthetic needs。Both with a strong national style and local characteristics，together constitutes "Folk Literature and Art"。

The identification of folk literature and art has two ways:。Summary method uses abstract standards，For example, the "Regulations on the Representative of Human Oral and Intangible Heritage" formulated by the UNESCO，One is oral expression，The second is the performance of performance，Three is etiquette、festival and social customs，Fourth is the knowledge of nature。​​The way to enume is the specific display bar。"Protection of the Protection of folk creation" lists the form of etiquette in the form of folk creation、 Language bet365 live casino games Literature、Myth、Architecture、Music Dance、Game、Handicraft industry and other arts。Generally speaking，As long as it is in line with folk literary and artistic elements or content, it can be included in its research，Summary of the enumerated method is more obvious，It is indeed adopted by most international organizations and countries。

　Folk Literature and Art Property Protection Protection facing problems

Folk literature and art is a kind of intellectual achievement that is constantly creative and development。Intellectual property system is a legal system for the intellectual achievements of intellectual achievements engaged in intellectual activity.。Folk literature and art is a kind of knowledge product，It is also an invisible intellectual achievement，Viruality is the most fundamental feature of folk literature and art。Intellectual property adjustment is a kind of property interest，The protected object is intellectual results，This property interest relationship is due to the use of intellectual achievements，Both of them have replication。folk literature and art as a cultural form can be transplanted and copied。This transplantability and replication also shows the culture and business value of folk literature and art。Intellectual results of intellectual property objects can exist in time Bet365 app download and space from time and space，can also be continuously copied and reproduced。Both have innovative。Innovation of folk literature and art is an original creativity，Two stages of the development of comprehensive inheritance and sorting。This innovation must meet the requirements of intellectual property innovation，It is also necessary to maintain the original ecology and authenticity of the traditional culture of regional nation，The deliberate intention of opposition to innovation。

Folk literature and art intellectual property protection still has obstacles。First，Folk literary and artistic main groups and intellectual property subject individual disorder。It is believed that folk literature and art is a form of literary and artistic expression of collective creation and generations.，Show to the world in the form of group creativity。And the subject of intellectual property requires the right holder is the author who can be determined、Inventor、Trademark owner, etc.。Next，Public literature and art publicity and intellectual property proprietary sexual disorder。Modern Western countries generally believe that folk literature and art belong to the property of the public field，The public can use it without paying any compensation。And the object of intellectual property protection is proprietary knowledge。Last，Folk literature and art objects traditional and intellectual property object innovation disorders。Intellectual property bet365 Play online games requirement objects must be original or novel。Different innovation constitutes different intellectual achievements with inherent basis with different exclusive rights，But the traditional nature of folk literature and art is exactly its inherent characteristics。

　　Copyright Model of the Protection of Folk Literature and Art Intellectual Property

Copyright is a way to protect the interests of traditional culture creators，It can also enable the public to share the interests of folk literature and art。Whether it is internationally or domestic folk literature and art, the copyright protection，It has been well performed in terms of protection efficiency and balance of interests。In the form of the work，folk art works in folk literature and art、Folk Songs, folk music works, etc. are in line with the characteristics of copyright works。Copyright protection and folk literature and art protection on the content of the work is the two major aspects of economic and spiritual protection。In terms of the use of the work，Copyright works and folk literature and art works can be copied、Adapted、Performance and other methods to use。Of course，Can't blindly apply the copyright law regulations，First, clear the subject and content of rights。

Folk literature and art works are a cultural form that is closely linked bet365 best casino games to the production and life of the ethnic group，It is an intellectual labor achievement formed by the long -term refining of group members。This shows the collective features of folk literature and art。I have a point of view，The state can be used as the right of rights of folk literature and art，Relying on public power to organize and use folk literature and art works more deeply。I advocate，The country can be used as the main body of folk literature and art in the following situations。First, it is impossible to verify the source group of folk literature and art，Second is a malicious contention of one or more groups in a folk literature and art work。Both legislature and judicial practice should focus on the collective characteristics of the collective characteristics of folk literature and art works.。

(This article is the research

(Author Unit: The School of Marxism College of Suihua College)