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人类在漫长的历史进程中不断地创造出具有浓郁地方特色和民族风情的民间文学艺术,这些作品的保护被越来越多的国家认为是必要却又面临相当复杂的困境的问题。随着国际交往的日益频繁,民间文学艺术作品所具有的极高的商业价值使得这类权利纠纷越来越多,民间文学艺术作品的保护问题也越来越为国际国内社会所关注,但遗憾的是我国法律并未在这方面做出详尽的规定,因此,如何对这类作品的权利主体进行有效的界定和保护已经成为我国立法中亟待解决的问题,这对于继承和弘扬民族传统文化有着重要的意义。
In the long course of history, mankind constantly creates folklore with rich local characteristics and ethnic customs. The protection of these works is regarded by more and more countries as being necessary and facing rather complicated dilemmas. With the increasing frequency of international exchanges, the extremely high commercial value of works of folk literature and art has led to more and more disputes over these rights. The protection of folklore works has also become increasingly concerned by the society at home and abroad. However, it is a pity Is that our country law has not made the detailed stipulation in this respect. Therefore, how to effectively define and protect the rights subjects of such works has become an urgent problem to be solved in the legislation of our country, which has a great significance for the succession and development of the national traditional culture Significance.