关键词: 非物质文化遗产数字化, 生产性保护, 财产权, 非物质文化遗产权利人, 法律保护

Abstract:

The digital achievements of intangible cultural heritage are related to public interests. Whether it is necessary to adopt the path of private law protection and whether it can be used as the object of property rights needs to be clarified. The “Encoding /Decoding” theory explores the reasons for the protection of digital achievements of intangible cultural heritage by property rights to clarify the legal status of digital achievements of intangible cultural heritage as the object of property rights. On this occasion, it not only coincides with the productive protection of intangible cultural heritage, but also forms an incentive effect for stakeholders. According to the different private benefits carried in the process of generation and dissemination of digital achievements of intangible cultural heritage, the property rights of digital achievements of intangible cultural heritage can be divided into the property rights of creators and the property rights of disseminators. Although the two differ in specific objects, the content of rights is centered on the right of control, utilization and disposal. At the same time, it should be noted that the digitization of intangible cultural heritage is aimed at the protection and inheritance of intangible cultural heritage, and it is also an extension of the use of intangible cultural heritage. The rights of the property rights subject of digital achievements of intangible cultural heritage should be restricted by the owners of intangible cultural heritage, and the protection and inheritance of intangible cultural heritage should be the boundary of rights protection. Thus, the surface tension between the protection of rights and the inheritance of intangible cultural heritage is dispelled.

Key words: digitization of intangible cultural heritage, productive safeguarding, property rights, intangible cultural heritage rights holders, legal protection