民间文艺著作权保护法律问题研究
发布时间：2018-08-07 21:37
【摘要】： 进入21世界以来,非物质文化遗产在国际上受到广泛的关注,各国为了保护好本国的非物质文化遗产,都在积极的进行相关法律研究。作为非物质文化遗产重要组成部分的民间文学艺术,之前并没有成为主要的关注对象,相关的研究课题也比较少。然而,随着社会的进步,在经济全球化的背景下,民间文学艺术在政治、经济、文化乃至综合国力上的重要价值已是毋庸置疑的,也受到了越来越广泛的商业利用,从而导致的侵权纠纷也是日益增多。因此,我国传统民间文学艺术的保护面临着十分严峻的形势,亟需得到应有的保护。目前,许多国家及国际社会的民间文学艺术保护立法正在紧锣密鼓地进行着,我国也不例外,各界学者都在积极的为民间文学艺术的立法保护做贡献。遗憾的是,我国乃至世界各国至今都仍对民间文学艺术的权利主体、保护模式等存在很大争议,尤其是对保护模式的争议,从而影响着传统民间文学艺术保护立法的进程。保护模式的界定尤为重要,是因为保护模式不仅影响着国家的立法,其更是其他问题得以解决的前提。因此,本文在充分考察、分析并借鉴其他国家和有关国际组织保护民间文学艺术的立法成果的基础上,结合我国现有的保护民间文学艺术的立法状况和司法实践,综合考虑各方面因素后,提出了适合我国民间文学艺术特殊性的民间文学艺术著作权保护的模式,并在文章中对相关的具体问题及构成要件进行分析、阐述。本文除了引言和结语外,共分为四个部分。 第一部分是民间文学艺术的概述,具体包括民间文学艺术的概念及特征。要研究民间文学艺术的著作权保护,首先当然是要明确什么是民间文学艺术,民间文学艺术与相关概念的区别,民间文学艺术的特征。 第二部分是全面介绍国际社会目前对民间文学艺术的保护状况,分为国内和国外保护现状两个小部分。国外的保护又分为国家的保护现状和国际组织保护现状,而国家保护则从发展中国家和发达国家两个方面来进行阐述。大多数国家都赞成用著作权法对民间文学艺术进行保护,再观我国的相关法律规定,作者认为在我国选择著作权法对民间文学艺术进行保护是可行的。 第三部分讲的是民间文学艺术的重要价值及选择著作权法保护民间文学艺术的理由。民间文学艺术具有政治、经济、文化等各方面的重要价值意义,鉴于其重要的价值,制定出民间文学艺术的法律保护办法是当务之急。综合分析各方因素之后,作者认为可以选择在著作权体系下对民间文学艺术进行保护。并且选择著作权法保护传统民间文学艺术的理由也是比较充分的,在文章中作者具体例举了3点理由。 第四部分内容是全面介绍民间文学艺术著作权保护的构成要件,包括权利主体、权利客体、权利内容以及侵权行为和其所应当承担的法律责任等。权利内容包括人身权和财产权两个方面。通过对上述各问题的分析和阐述,对我国建立民间文学艺术著作权保护法提出了一些建议和思路。 鉴于我国民间文学艺术的丰富性,为了更加保护好我国的这项丰富资源,防止他国的侵犯和其他个人或者组织对民间文学艺术的滥用,我国必须作出积极应对,从立法上积极完善对民间文学艺术的保护,唯有如此,才能使我国丰富多彩的民间文学艺术得以有效的利用和发展。
[Abstract]:Since entering the 21 world, the intangible cultural heritage has been widely concerned in the world. In order to protect its non material cultural heritage, all countries are actively conducting relevant legal studies. As an important part of the intangible cultural heritage, folk literature and art have not become the main concern and related research topics before. However, with the progress of the society, in the context of economic globalization, the important value of folk literature and art in political, economic, cultural and even comprehensive national strength is beyond doubt, and has also been more and more widely used in commercial use, resulting in the increasing number of infringement and correction. Therefore, the traditional folk literature and art of our country The protection is facing a very serious situation, and it is urgently needed to be protected. At present, the legislation of the protection of folk literature and art in many countries and the international community is being carried out closely, and our country is no exception. Scholars from all walks of life are actively contributing to the legislative protection of folk literature and art. There is still a lot of controversy over the rights subject and protection mode of the folk literature and art, especially the dispute on the protection mode, which affects the process of the traditional folk literature and art protection legislation. The protection mode is particularly important, because the protection mode not only affects the country's legislation, but also the other problems can be solved. Therefore, on the basis of fully investigating, analyzing and drawing on the legislative achievements of other countries and relevant international organizations to protect folk literature and art, combining with the existing legislative and judicial practice of protecting folk literature and art in our country and considering all aspects of the factors, the author puts forward the people who are suitable for the particularity of the folk literature and art of our country. The mode of copyright protection of literary and artistic copyright is analyzed and expounded in this article. In addition to the introduction and conclusion, this article is divided into four parts.
The first part is an overview of folk literature and art, including the concept and characteristics of folk literature and art. To study the copyright protection of folk literature and art, the first of all is to make clear what is folk literature and art, the difference between folk literature and art and related concepts, and the characteristics of folk literature and art.
The second part is a comprehensive introduction of the international community's current protection of folk literature and art, divided into two small parts of domestic and foreign protection. The protection of foreign countries is divided into the state protection status and the status of international organization protection, while the national protection is elaborated from two aspects of the developing countries and the developed countries. All of them agree with the copyright law to protect the folk literature and art, and then look at the relevant laws and regulations of our country. The author thinks that it is feasible to choose the copyright law in our country to protect the folk literature and art.
The third part is about the important value of folk literature and art and the reasons for the choice of copyright law to protect folk literature and art. Folk literature and art are of important value in political, economic, cultural and other aspects. In view of its important value, it is urgent to establish the legal protection method of folk literature and art. After that, the author believes that the author can choose to protect folk literature and art under the copyright system. And the reasons for choosing the copyright law to protect the traditional folk literature and art are quite sufficient. In this article, the author gives 3 concrete examples.
The fourth part is a comprehensive introduction to the constituent elements of the protection of the copyright of folk literature and art, including the subject of rights, the object of the right, the content of the rights and the legal responsibility that it should bear. The content of the rights includes two aspects of the right of person and the property right. There are some suggestions and ideas on the copyright protection law between literature and art.
In view of the richness of Chinese folk literature and art, in order to protect the rich resources of our country and prevent the abuse of other countries and other individuals or organizations to the abuse of folk literature and art, our country must make a positive response and improve the protection of folk literature and art from the legislation. Only in this way can our country be rich and colorful. The folk literature and art can be effectively utilized and developed.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D923.41
本文编号：2171423
[Abstract]:Since entering the 21 world, the intangible cultural heritage has been widely concerned in the world. In order to protect its non material cultural heritage, all countries are actively conducting relevant legal studies. As an important part of the intangible cultural heritage, folk literature and art have not become the main concern and related research topics before. However, with the progress of the society, in the context of economic globalization, the important value of folk literature and art in political, economic, cultural and even comprehensive national strength is beyond doubt, and has also been more and more widely used in commercial use, resulting in the increasing number of infringement and correction. Therefore, the traditional folk literature and art of our country The protection is facing a very serious situation, and it is urgently needed to be protected. At present, the legislation of the protection of folk literature and art in many countries and the international community is being carried out closely, and our country is no exception. Scholars from all walks of life are actively contributing to the legislative protection of folk literature and art. There is still a lot of controversy over the rights subject and protection mode of the folk literature and art, especially the dispute on the protection mode, which affects the process of the traditional folk literature and art protection legislation. The protection mode is particularly important, because the protection mode not only affects the country's legislation, but also the other problems can be solved. Therefore, on the basis of fully investigating, analyzing and drawing on the legislative achievements of other countries and relevant international organizations to protect folk literature and art, combining with the existing legislative and judicial practice of protecting folk literature and art in our country and considering all aspects of the factors, the author puts forward the people who are suitable for the particularity of the folk literature and art of our country. The mode of copyright protection of literary and artistic copyright is analyzed and expounded in this article. In addition to the introduction and conclusion, this article is divided into four parts.
The first part is an overview of folk literature and art, including the concept and characteristics of folk literature and art. To study the copyright protection of folk literature and art, the first of all is to make clear what is folk literature and art, the difference between folk literature and art and related concepts, and the characteristics of folk literature and art.
The second part is a comprehensive introduction of the international community's current protection of folk literature and art, divided into two small parts of domestic and foreign protection. The protection of foreign countries is divided into the state protection status and the status of international organization protection, while the national protection is elaborated from two aspects of the developing countries and the developed countries. All of them agree with the copyright law to protect the folk literature and art, and then look at the relevant laws and regulations of our country. The author thinks that it is feasible to choose the copyright law in our country to protect the folk literature and art.
The third part is about the important value of folk literature and art and the reasons for the choice of copyright law to protect folk literature and art. Folk literature and art are of important value in political, economic, cultural and other aspects. In view of its important value, it is urgent to establish the legal protection method of folk literature and art. After that, the author believes that the author can choose to protect folk literature and art under the copyright system. And the reasons for choosing the copyright law to protect the traditional folk literature and art are quite sufficient. In this article, the author gives 3 concrete examples.
The fourth part is a comprehensive introduction to the constituent elements of the protection of the copyright of folk literature and art, including the subject of rights, the object of the right, the content of the rights and the legal responsibility that it should bear. The content of the rights includes two aspects of the right of person and the property right. There are some suggestions and ideas on the copyright protection law between literature and art.
In view of the richness of Chinese folk literature and art, in order to protect the rich resources of our country and prevent the abuse of other countries and other individuals or organizations to the abuse of folk literature and art, our country must make a positive response and improve the protection of folk literature and art from the legislation. Only in this way can our country be rich and colorful. The folk literature and art can be effectively utilized and developed.
【学位授予单位】：重庆大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D923.41
【参考文献】
相关期刊论文 前1条
1 张玉敏;;民间文学艺术法律保护模式的选择[J];法商研究;2007年04期
，本文编号：2171423
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