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《Law and Social Development》 2005-05
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Abandoning the Notion of Collective Authorship:The End of the Problem of Folk Literature Copyright

CUI Guo-bin(Law School,Tsinghua University,Beijing,100084)  
The traditional protection of the copyright of folk literature is based on the notion of collective authorship.The upsurge of folk literature protection is pushed by the emotion of cultural nationalism.Influenced by it,the literary scholars painstakingly make differences between folk literature and artist literature,and construct the so called collectivity of folk literature,upon which the legal scholars further invent the collective inditement mechanism and collective authorship notion.Some scholars pave the way for the collective property right on folk literature by borrowing the structuralist literature theory and criticizing the individualist authorship notion.However the collective authorship notion in the folk literature field distorts the developing direction of copyright law.The notion of collective authorship should be abandoned.It is taking the folk literature as ordinary productions that can ultimately resolve the problem of protecting the copyright of folk literature.
【CateGory Index】: D923.41
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