With the deepening of globalization,the protection of folklore is becoming more and more important,and it is urgent to accelerate the legislation on the protection of folklore in China.From the three aspects of the consistency of val-ue basis,the consistency of theoretical basis and the conformity of practical requirements,it is a practical and feasible way to construct the exclusive right of expression of folklore.The development and utilization of folklore should conform to the specific traditions and habits of the source group,and follow the principle of informed consent of the source group,and at the same time,it should ensure that the source group benefits others from using expressions of folklore.On this basis,with the source group of expressions of folklore as the subject of the right,folklore recognized by the examination as the object of the right,moral rights and economic rights based on prior informed consent and post-development interest sharing as the content should be created,but the reasonable limitations should be set.According to the characteristics of the expression of folklore,the appropriate protection period and relief rules should be determined.
expressions of folkloreexclusive rightrights-based constructioninformed consentbenefit sharing
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维普
