《著作权法》在调整民间文艺相关利益关系方面的缺漏

现有知识产权制度中与民间文艺保护紧密相关的是著作权法律制度。我国《著作权法》在调整民间文艺相关利益关系方面存在缺漏。首先最关键的一点是按现有著作权法理论，民间文艺被归入公有领域，民间文艺的改编人往往忽视其保有人的利益。其次是现有著作权法律制度没有准确定义并区分民间文艺领域中改编、整理、翻译、收集、编辑、记录、传承等行为的含义，更谈不上对相关人员与民间文艺保有人之间的权利义务关系作出规定，不利于民间文艺的传承、利用和发展。

On Defects and Omissions of Regulations on Folklore in the Copyright Law

The folklore protection is mainly regulated in copyright laws according to the present intellectual property right system; however, regulations on such protection are neglected or omitted in the Copyright Law of PRC. First and foremost, the folklore is now classified into the common-owned field, thus the holder’s interest is often neglected by the adapter. Secondly, major conducts in folklore have not been accurately defined, such as adaption, arrangement, translation, collection, edition, record, transmission etc. There is also lack of regulations on rights and obligations of folklore holders and other relevant parties. All the above defects are unfavorable for the transmission, application and development of folklore.