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─ of copyright issue ─ holds those who judge Zheng Chengsai and Anshoulian con
From;    Author:Stand originally

On the copyright issue of concerned Song Dai, sino-US intense debate produced between two jurisconsult. Zheng Chengsai of scholar of law of Chinese famous intellectual property thinks, although the copyright that gives existing writings was not made protect a law on the history, our country pressworks with ban form protection publisher (also extend to an author in individual situation) circumstance, in beginning to be in more than 800 years from Songdai, did not change from beginning to end (but in bright generation, the protection of ban form is like Ceng Zhong to had stopped a paragraph of period) . [① ] he still thinks, in Song Dai, after appearing of copyright as the prerogative before long (about just a little hundred years) the prerogative that is regarded as the civil rights, person that serve as creation for a time (the prerogative that is publisher not just) be protected. [② ] as contrary as this, the effort that the Anshoulian of research center of law of East Asia of courtyard of law of haing Buddha university criticizes the scholar such as Zheng Chengsai to transmit Caesarean control idea should do copyright to come look upon, its think of Chinese ancient time just mirrorred about publication law " the effort that Caesarean control thought transmits " , at the same time this also is the main reason that brings about China to cannot produce law of intellectual property of copyright law as a result. [③ ] the controversy that is aimed at 2 people, the author has not see the academia has had thorough analysis. On the foundation that the article plans to discussing Song Dai to publish course of study and relevant society setting, try to analyse copyright pattern of Song Dai, why cannot ancient time produce the account of copyright system through trying to solve China, evaluate Zheng Chengsai and the point of view that how defend cheap and dispute.

1 typographic gain ground with publication control

At the latest is at the beginning of 7 centuries end, 8 centuries, our country engraving is typographic the invention comes out, to 9 centuries second half period, namely Tang Dynasty later period of this technology apply it is mature to had comparatived. [④ ] the Tang Dynasty the book basically is relied on before artificial and scribal, speed slow, cost is high, come out book amount is very limited. The invention with typographic engraving of Tang Dynasty later period and gained ground to promote a book to publish speed and amount greatly, make the Tang Dynasty the period that Song Zhi border makes book amount leap. Be like " book forest clear word " the cloud: Xian Zusong protects less fair " language of stone forest swallow " the cloud: "The Tang Dynasty previously, every book all is written this, have no the law that the model imprints, person in order to collect books expensive. ... Feng of the Five Dynasties only then achieve asks government-owned engrave " 6 classics " board print and distribute. Guo Chaochun is changed in, answer with " history write down " , " book of the later Han dynasty " pay copy and print having department. Engrave of naturally book print person benefit is much, scholar-bureaucrat answer it is in order to collect books meaning. " [⑤ ] " Song Shi " Yi Cengji carries Jing De 2 years (the Christian era 1005) true ancestor read a book to the Imperial College, ask (punishment) geometry of 昺 classics edition, (punishment) 昺 says: "At the beginning of the country not as good as 4000, today ten, " classics " , " pass " , " justice " all provide. Official is little from Shi Yeru, " classics " have scanty person 100 without just a little, gai Li cannot be passed write. Today board this old equipment, home of person be the concubine all has, the favour of Si Nairu Zhe Fengchen also. " [⑥ ]
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