Abstract:

In view of the malpractice of the integral protection of folklore， the differential protection can be the basic method to construct the legal protection system. The protection of folklore embodies dual value orientation in policy， different protection intention in subject and diversity in object， so it is reasonable and necessary to differential protection. The criteria for differential protection should reflect the legitimacy of protection， the diversity of interests and the controllability of objects， and based on the field and function， extent and range of circulation， form and form of object， folklore can be divided into folklore in the field of spiritual worship， folklore works and other folk literature and art. The folklore works should be protected mainly by the special law of copyright， and other folklore should be protected by Intangible Cultural Heritage Law.

Key words: folklore, differential protection, special law of copyright, Intangible Cultural Heritage Law