民间文学艺术如何署名——也评“安顺地戏”案

How to Claim the Authorship of Folklores --Take The Local Drama of AnShun Case as An Example

民间文学艺术的群体性特征造成相关权利主体主张署名权时的法律适用困境。著作权法意义上的署名权应突破机械的字面理解,还原其确保作品真实来源不被隐匿和歪曲的实质含义。要求标示正确的来源是民间文学艺术合适的署名方式,安顺地戏案原告的诉讼请求应当获得支持。

To claim the authorship is difficult for the works of folklore according to China＇s Copyright Law. Due to the uncertainty of author, the claim of authorship as ＂ AnShun local drama＂ was denied by the courts. To solve such a problem, the right of authorship in Copyright Law should be explained widely. As to the people who hold and preserve the folklores , making sure that the source of folklore exactly indicated is the right of authorship.