Legal Identification of Folklore Works from the Perspective of Copyright

Abstract

The copyright protection of folklore has a long history. Article 6 of China’s Copyright Law explicitly includes folklore works within its scope of protection, formally incorporating them into the legal framework of copyright. However, due to significant controversies, the corresponding implementation measures have yet to be promulgated. The localization and legal conceptualization of folklore have failed to meet the demands of practical development, and the trend toward the everyday integration of folklore has not been fully recognized. On this basis, it is necessary to reinterpret the conceptual connotation of folklore works. Consideration should be given to the characteristics of folklore development and China’s national conditions, clarifying the relationship between copyright protection and public domain protection, and reasonably defining the scope of folklore works.