First, the debate about whether there was copyright in ancient China. The debate between Zheng, a famous intellectual property scholar, and An Shoulian, a professor at Harvard University, is a typical representative of these two views.
An Shoulian believes that there was no copyright law or other system design similar to western copyright protection in ancient China, so there was no copyright protection in ancient China. An Shoulian and other scholars who denied that there was no copyright protection in the Song Dynasty and even in ancient China believed that all the examples in China before the 20th century that showed the state's efforts to provide intellectual property protection were completely? Imperial efforts to control the spread of ideas? These efforts should not be regarded as copyright, which is the main reason why China can't produce copyright law or even intellectual property law.
However, Mr. Zheng, an intellectual property scholar, thinks that if copyright really appeared with the adoption of printing, it should have appeared in China at the earliest. ? Mr. Zheng then further confirmed:? Since the Song Dynasty, there has indeed been protection for the creative work of authors (not just publishers), that is, copyright protection. ?
Mr. Zheng analyzed that although there is no written copyright protection law in history, but? In China, the protection of print publishers (and, in some cases, authors) in the form of injunctions has remained unchanged for more than 800 years (but in the Ming Dynasty, the protection of injunctions seems to have been suspended for some time). ? Mr. Zheng believes that shortly after its appearance (about 1200), copyright was protected as a civil right, as a privilege of creators, not just as a privilege of publishers.
Second, the germination of China's ancient copyright consciousness lies in the question of whether there is copyright in Song Dynasty. Most scholars believe that the ancient copyright protection in China began in Song Dynasty, and some even claimed that Song Dynasty was the most brilliant period of copyright development in China history.
Although this statement is a bit excessive, it is a historical fact that copyright protection existed in the Song Dynasty. In fact, as early as the beginning of block printing in the Tang Dynasty, copyright awareness had sprouted. According to Yuan Gui's Book House Volume 160 Dibu? Leather disadvantages 2 "records, Tang Wenzong Taihe nine years (835), Dongchuan our Su Feng said:
? Jiannan Sichuan and Huainan Road are both printed with calendars printed by the city. Si Tiantai doesn't type a new calendar every year, and the calendar is printed all over the world. There are ways to teach it well. ? Literary Sect Debate:? In all prefectures and counties, calendar boards are not allowed to be placed privately. ?
It can be seen that the Tang court clearly stipulates? No private calendar edition? To protect government publications? New calendar? In case of piracy? Print a calendar? Price difference
Based on this, we can infer that as early as the Tang Dynasty, when block printing began, copyright awareness had sprouted. But? Printed books were not popular in the Tang Dynasty. Since Wang Fengying printed the Five Classics, all the classics have been printed on wooden boards. ?
In Song Dynasty, woodblock printing has been widely used to carve various books, which greatly promoted the development of publishing industry in Song Dynasty and gave birth to the embryonic form of copyright protection in ancient China.
According to Robbie's Intellectual Heritage, Volume 1 records:
? Before Song Hang and Zhi Ping (1064- 1067), lettering was forbidden, so we had to ask imperial academy and Xi Ning (1068? 1077). ?
This is to protect the publishing rights of nine famous books. Although this kind of printing ban system is not copyright protection in the modern sense, it belongs to the protection of publishing rights, but it is different from the general one? Publishing rights? The protection system is also different. Because it protects not the interests of ordinary publishing houses and engraving bookstores, but? Official printing and selling? , only for the official? Publishing rights? Protection is a legal system to exercise feudal cultural autocracy, which existed in the Tang Dynasty? Please don't print constitutional books and set up calendars without permission? Just like forbidding people to engrave almanac, it protected the publishing system and financial resources of feudal rulers.
But this phenomenon shows that the bud of copyright concept has been formed. Therefore, some scholars believe that ancient copyright protection in China originated from the Sui, Tang and Five Dynasties, formed in the Song Dynasty, developed in the Ming and Qing Dynasties and matured in modern times, which is reasonable.
It can be seen from the above that the fact that copyright protection existed in the Song Dynasty is certain, but the management of copyright by the Song government is still not universal and extensive, and there is no systematic copyright protection system and complete copyright protection laws and regulations. It was not until Xuantong's second year (19 10) that the Qing government promulgated the Copyright Law of the Qing Dynasty that China had its first copyright law, but it was more than 200 years later than the first copyright law in the world, that is, the Anna Act promulgated by Britain in 1709.
Third, the emergence of copyright management in the Song Dynasty The modern theory of copyright management holds that copyright management is the activity of a certain institution or organization to enforce copyright laws and coordinate copyright relations in a certain way, which came into being with the emergence of copyright. Copyright management can not only protect the relevant rights and interests of copyright owners, but also promote the enthusiasm of independent creation and the prosperity of cultural undertakings. Copyright management plays a vital role from the production of works copyright to the realization of copyright owners' rights and interests.
Since copyright problems appeared in Zhao and Song Dynasties, it can be said with certainty that copyright management appeared with the appearance of copyright in Song Dynasty.
Engraving printing began in the Tang Dynasty, matured in the Five Dynasties and flourished in the Zhao and Song Dynasties. During the Song Dynasty, block printing was in the ascendant. Among official engraving, private engraving and workshop engraving, folk engraving workshops have the earliest appearance, the widest distribution, the largest number and the greatest influence. In the Song Dynasty, which was in the golden age of block printing, the development of block printing led to the intensification of piracy, which objectively broke the royal monopoly on knowledge, promoted the flow of knowledge from top to bottom, and shook the ideology of the empire.
Faced with this situation, copyright management has become an alternative maintenance method.
Fourth, those people in the Song Dynasty? Piracy? The earliest record of grave robbery in the history of scholars in troubled times is "The Continuation of the Emperor" by Li Gou, a famous thinker in the Northern Song Dynasty. Preface ",its" preface "cloud:
? In the late autumn of the Qing Dynasty, I recorded 12 volumes of rejections, and returned more than 100 articles in three years. I don't know who stole it, but it was badly carved and the title "Tibet" was particularly bad.
Piracy? It's ridiculous. The title is "The Episode". Especially? What about Li Gou? People's hearts are often evil? . This is a statement about the rights of spiritual products, such as the right to publish works and the right to integrity.
Su Shi's poems are often pirated in bookstores, with more than 20 kinds. Su Shi wrote in a letter to a friend:? Some people in the sick city are greedy and like to publish a poor article, and they want to destroy its version. The situation is even more impressive. When you have a little leisure time, take all the old poems with you and save the less evil ones as an episode. Today's show is not only mistakes, but also other humanities. ?
Anger, sent out? Want to destroy its version? There is no doubt that this is a strong appeal for copyright protection, and the original work should be compiled to set the record straight. It should be said that Su Shi's copyright thought here is very clear.
Zhu Yisheng, a great scholar, wrote a book and gave lectures in Jianyang and Wuyi, the publishing towns in northern Fujian, for decades. My disciples and I carved a lot of books, and we were repeatedly pirated. As early as nine years in Dalu (1 17 1), I sorted out the origin records of Ilo. I hate that the compilation was not completed, and then it was circulated. ?
A few years later, the original meaning of Zhouyi? Failed to write a book, stolen, and then stamped, wrong view? ,? Extremely unreadable? . According to the chronicle of Zhu Zi, in the face of piracy, Zhu? Urgently beg the county magistrate to chase his board? Is there Su Shi? Want to destroy its version? Put clear copyright concept into action. There are also many collections of his works? Although it was recently destroyed? 、? This chase? Statement. This is enough to show that Zhu's copyright thought has deepened and matured compared with the literati in the Northern Song Dynasty.
Although Zhu's practice can't get economic compensation, its starting point is based on reputation and academic considerations, so it is quite in line with the spirit of modern copyright legislation to safeguard his spiritual rights and personality rights by administrative means.
Verb (abbreviation of verb) protection in Song Dynasty? Copyright? These measures were accompanied by rampant piracy caused by the prosperous engraving and printing industry in the Song Dynasty. At that time, the author or his family had an urgent and strong demand for copyright protection in the face of all kinds of damaged copyrights, and their behavior was mainly manifested in two aspects.
The first is the secret collection of manuscripts. Writers or their descendants often compile their works as? Collection? For example, in the preface of Wen Zhuang Collection published by Shaoxing Jiang Inviting Taste in Summer? Descendants of literati, secret collection? . Before it is officially published, it is generally kept secret from others. Of course, the purpose of doing this is diverse, but one of its motives is to prevent others from pirating.
The second is to compile and engrave the collection in time to prevent piracy. Such as Lv Zuqian (1137-1181), his brother Zujian and his son Qiao Nian quickly compiled and published 40 volumes of Collected Works of Master Donglai.
Publishing? Genuine books? Prevent piracy, or find it pirated, quickly? Genuine books? Boycott? Pirated books? It is a feasible measure to fight against piracy and protect copyright, although it seems passive.
In addition to active actions by authors or relatives to combat piracy and protect copyright, authors or relatives also report to the government, and the government comes forward to ban piracy and protect copyright.
For example, Sima Yi reported to the imperial court that someone published "Paulus Johannes Gong Ji Wen" in the name of his great-grandfather Sima Guang and asked the imperial court to investigate it. Will Jianzhou Customs destroy incompatible words in parallel? . Obviously, this is because Moon Hee involves sensitive political issues, so its descendants have to intervene. Obviously, it was the author's relatives who complained and asked the government to protect copyright. What is the difference between feudalism and what An Shoulian said? Imperial efforts to control the spread of ideas? It has nothing to do with this and can be used as copyright protection for the author.
However, it seems that the rulers rarely directly ask about ordinary cases of private excavation. However, in the Southern Song Dynasty, there was still great progress in copyright protection, and there was a phenomenon that the government issued a proclamation and formulated local laws and regulations. These official documents, which have legal effect, are the embodiment of the law and represent the opinions of the authors and publishers at that time. Copyright? And then what? Copyright? The level of understanding has made great progress than before, and it is not much different from today's copyright concept.
Moreover, administrative measures have been taken to manage the infringement, and other acts other than the original engraving and publishing (or editing and engraving and publishing) have been dealt with? Profit flip? It embodies the factors of protecting economic rights and copyright in copyright protection, which is basically consistent with the spirit of modern copyright protection and can be called a typical copyright protection in Song Dynasty.
Contribution of intransitive verbs to the development of copyright piracy in Song Dynasty Piracy was rampant in Song Dynasty, and the means and methods of piracy emerged one after another. They either copied the author's unpublished books without authorization, copied the original, renamed the original, and raised the world's attention in the name of celebrities, or pieced together several books and tampered with the original content privately, and so on.
At that time, many books applied for copyright protection. Because of fear? Give this house for nothing, waste money? This is obviously focused on economic rights and interests, with the aim of protecting one's own economy from losses. So-called? It is not only the significance of Kuluo Gong's calligraphy, but also the importance of uncle's enlightenment. Obviously, it is to seek government protection for the reputation of our ancestors' works not to be tarnished. This shows that the subject of protection at this time is not only the publisher's own economic rights, but also the author's copyright.
And one of the main reasons why people regard Britain's Anna Act as the first written copyright law in the world? This law extends the subject of protection from print publishers to all copyright owners, including authors and print publishers. ? Only in the Song Dynasty, not many people asked for copyright protection in the form of laws and regulations, and there was no systematic and complete legal system. However, after all, the Song Dynasty was still in the stage when block printing began to flourish. Due to the limitation of the times, it is impossible to produce a systematic and complete copyright management law in Song Dynasty. How many books from the Song Dynasty are engraved? You have applied to the boss and are not allowed to reprint? Wait for the word? Cards? Books, so to speak? Copyright page? The origin of.
At that time, the government only formulated local laws and regulations for a few books, which did not rise to national laws and did not form a copyright protection system. However, these applications have been accepted by imperial academy and local governments, and management measures have been taken, such as allowing posting and publishing books all over the country and allowing offenders to rely on them? Public evidence? Informing, punishing and safeguarding rights have clearly indicated that the copyright in Song Dynasty has been recognized and effectively managed and protected. Since then, it has gradually become the * * * knowledge and practice of the publishing industry, imitated by people at that time, imitated by future generations, and legally binding. This attempt to legislate to protect copyright itself? Is it the great pioneering work and contribution of the Chinese nation to human civilization? .
Summary: In short, although the modern copyright law was not formed in the Song Dynasty, its copyright awareness was still only the embryonic form of copyright and publishing rights protection, but it has developed from feudal monopoly to copyright, from feudal monarch's control of publishing rights to folk publishing industry? Publishing rights? 、? Reprinted, right? It is undoubtedly a historic progress and represents the development direction of China's copyright law.
Although the copyright protection of Song people was not based on protecting the rights and interests of authors and publishers, and did not have the copyright consciousness in the modern sense, it did play a role in protecting copyright objectively, which reflected the original form of China's copyright consciousness. As one of the yardsticks of scientific development and social civilization, it is still of great significance in the history of book culture and intellectual property protection in China and even the world. In this respect, the copyright management in Song Dynasty is of pioneering significance not only in China, but also in the history of copyright protection in the world, laying a practical and theoretical foundation for the birth of modern copyright law.