Copyright Protection

Term Explanation

Copyright, also known as copyright, includes the following personal rights and property rights: publishing rights, authorship rights, modification rights, protection of the integrity of works, reproduction rights, distribution rights, rental rights, exhibition rights, Performance rights, projection rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, and other rights that should be enjoyed by copyright owners.

Current situation

In our country, copyright is created from the date of completion of creation. There is no time limit for personal rights except the right of publication. The right of publication will be exhausted once it is exercised. If the author does not publish within 50 years after his death, he will no longer be protected. The protection period of property rights is the author’s lifetime plus 50 years after his death. If the work is not published 50 years after the completion of the creation, it will no longer be protected; in addition, legal persons and other organizations consider the author’s works as well as film, television, video, and photographic works The term of protection for works with unknown authors is 50 years from the first publication of the work, and the protection will no longer be protected if it is not published within 50 years after the creation is completed. The term of protection of software copyright is 25 years, ending on December 31 of the 25th year after the software was first published. Before the expiration of the protection period, the software copyright owner may apply to the software registration management agency for a renewal of 25 years, but the maximum protection period shall not exceed 50 years. The protection period of the developer identity right of the software developer is not limited.

The administrative agency for copyright protection in my country is the copyright bureaus in various places, which conduct daily administrative management of copyright. With the continuous increase of copyright awareness, copyright protection management centers have been set up under the copyright bureaus of Beijing and other municipalities to provide copyright registration. \Copyright protection\copyright trade and other services, but in general provinces, such service organizations are not sound enough. Except for the establishment of copyright protection management centers in sub-provincial cities in economically developed areas such as Hangzhou, this copyright protection is still in its infancy.

Historical changes

China’s copyright protection "pirated" began in the Song Dynasty. The economic development of the Song Dynasty provided a solid material foundation for copyright protection. The prosperity of the printing industry was the technical prerequisite for copyright protection; the direct cause of copyright protection in the Song Dynasty; the subject of copyright protection in the Song Dynasty involved the author, and the subject of copyright protection in the Song Dynasty was extensive. The government’s copyright protection is also very strong, stipulating the publication review system and establishing industry standards for the management of printed materials: the Song Dynasty lacked a civil legal system that protected copyright with private rights as the core, did not pay attention to the protection of the rights of authors, and had nothing to do with the political interests of the dynasty. It’s difficult to claim copyright to the government and the public or directly seek protection from the authority; it also gives us a lot of enlightenment.

The content of copyright protection in the Song Dynasty

(1) The subject of copyright (copyright) protection in the Song Dynasty has involved the author

The author is the first and most basic subject in copyright . In the Song Dynasty, with the development of the printing industry, the government protected the interests of publishers more. However, the "Public Evidence" of the Song Dynasty Guozijian on prohibiting piracy contained in the "Cong Gui Mao Poetry Collection" quoted in "Shu Lin Qing Hua", It is more worthy of attention. The "Gong Shi" mentioned that the uncle of the engraver of the book invested a lot of his spiritual creation when he was explaining the "Mao Poems". The engraver regards this fact as the main reason for requesting that others be banned from copying. This shows that the subject protected at this time is not limited to engraving the publisher himself, but also extends to the author (or the author's legal heir). Professional writers and artists also appeared in the Song Dynasty. Some literati who were unable or unwilling to embark on official careers in the Song Dynasty formed a certain group due to the needs of life and other reasons. They were called "book clubs." Creation is a profession, and the literati in the "Book Club" are professional writers. Many of the Song and Yuan Scripts and Dramas were written by them. In addition to the "Book Society", the Song Dynasty also produced a "society" composed of literati and entertainers, such as the Feilu Club, which performed zaju, the Qingyin Club, which performed Qingyue, the Painted Grass Club of film and opera artists, and the Luhua Club, which performed singing. , The literati and entertainers in the society are specialized professional writers and performing artists. In the ancient Song Dynasty, whether it was a ruler or a publisher or author, they already had the awareness of protecting the rights of authors and certain legal regulations. Not only was it stagnating to protect the interests of publishers, but it also extended to protecting authors. In terms of interests, it is undoubtedly an important part in the history of intellectual property protection in my country.

(2) Song Dynasty copyright (copyright) protection involves a wide range of objects

The object of copyright protection is works. In the Song Dynasty, there are many types of works and a wide range of protection objects. In the long history of our country, the ancient Chinese believed in the official values ​​of “learning and excellence,” and regarded political value as the supreme value of life. In order to gain fame and embark on official careers, students studied hard and suspended their lives. Thorn stock. In the Song Dynasty, with the rise and development of the commodity economy, literary and artistic works were gradually commercialized, and the traditional official values ​​began to shake. The commercialization of works stimulated the creative enthusiasm of literati, and the artistic value of literati could be obtained in creation. Realized and recognized by the society, his works can obtain direct economic and social benefits. Therefore, the commercialization of literary and artistic works has led to changes in the aesthetics, values, and literary views of the entire society. There were many literati who failed in the imperial examinations and some who were not enamored with fame. They made a large number of literary and artistic creations and created numerous works, making the subject of copyright protection in the Song Dynasty wide-ranging. Mainly include: First, literary works refer to works expressed in the form of words such as poems, proses, novels, scripts, etc., such as Song Ci, Song and Yuan Scripts, Sanqu, Dramas, Novels, etc. in the Song Dynasty. Liu Yong, a famous poet in the Northern Song Dynasty, was the first professional poet in the history of Chinese literature. His poetry was deeply loved by all walks of life and gained the social effect of "A Song of the World". Second, oral works refer to works expressed in oral language, such as impromptu speeches, sanqu, etc. With the development of the cultural industry in the Song Dynasty, the lower class people's aesthetic ability continued to improve, and oral works such as storytelling in the form of oral language came into being. Third, dramatic works refer to works for stage performance, such as local dramas, local dramas, etc. The commercialization of literary and artistic works makes short literary works unable to meet the aesthetic requirements of the people. Works become the dominant literary and artistic style. Fourth, Quyi works refer to works that are performed in the main form of rap, such as storytelling, fast book, drums, and tanci. After the Song Dynasty, urban popular literature and art continued to flourish, and literary styles such as Tanci, Pingshu, and Shitiaosu Qu appeared one after another, which became a beautiful landscape of ancient Chinese literature. Fifth, art works are flat or three-dimensional plastic art works of aesthetic significance composed of lines, colors or other methods, such as paintings, calligraphy, sculptures, etc. Zhang Zeduan’s art work “Surfing the River at Qingming Festival” in the Song Dynasty is not only a masterpiece of “market paintings” in the Song Dynasty, but also a rare and outstanding work in the history of painting in China and the world. This work emerged on the social soil of the commodity economy. It is a new type of fine art nurtured by commodity economy and culture. In addition, there were also acrobatics, magic, circus and other acrobatic art works in the Song Dynasty that were performed through physical movements and techniques... The Song Dynasty copyright protection has a wide range of objects, which also reflects that my country's Song Dynasty has the earliest intangible intellectual property rights. The fact that objects are systematically classified and protected.

(3) The Song Dynasty government strengthened copyright protection and stipulated publication review

The objective existence of piracy and piracy in the Song Dynasty gradually increased the awareness of authors and publishers of copyright protection and gradually formed their concepts. The government also regulates publication review to meet the objective needs of society. For example, Zhu Xi’s "Four Books Questions and Answers", because it had no time to revise and re-edit, "has not tasted it to show others", and "there are stolen publications in the bookstore", Zhu Xi "urgently asks the county official to pursue its edition", it can be said At that time, Zhu Xi had a strong awareness of copyright protection of his works. He claimed his copyright through "lawsuits", indicating that the Song Dynasty’s copyright protection awareness and the actual actions to protect copyright have emerged. This is to combine the economic and spiritual rights of printed books. The process of protection from consciousness and concept to specific operation. The Song government also stipulated a publishing review system. In the fifteenth year of Shaoxing in the Song Dynasty (AD 1146), the edict: "Since the present folk bookstore publishes the literary books, first go through the affiliation to see the details, and then appoint the instructor to discuss, choose the right one, Xu Zhiluoban." This is equivalent to the Song government’s establishment of a pre-publishing review mechanism. Books must be published by "selecting officials in detail, which is beneficial to scholars. The text shall not be engraved". The Song government repeatedly issued orders, reiterating that "in the future, the engraving documents must be reviewed by the commissioner of the state and then published." "Prohibition", "Ye Juxiao scattered and spread the practice of demon law can be countered, a reward of 50,000 yuan, with the offender's family wealth."

(4) The Song Dynasty formulated industry standards and printed matter management regulations for the management of printed matter.

In the early years of the Northern Song Dynasty, the government promulgated the "book-engraving style", the so-called "book-engraving style" , That is, to fix the laws and regulations on book printing and publishing in the form of provisions. All printed materials must be sent to government agencies for filing. The government incorporates the management of printed materials into daily administrative affairs. If books are published in a form that is not in accordance with the provisions of the laws and regulations, it constitutes " Piracy". In the Song Dynasty, "there are laws to follow" in the management of printed matter. Someone in the Qing Dynasty saw the Song Dynasty copper engraving "style of book engraving" in an antique shop. The literati Cai Cheng once described it in "Ji Chuang Night Talk": "Fang Er San Cun, engraving selected poems or Du Shi Han Wen Er The three sentences are reversed, and I don’t know what to use." People who know this thing said: "This famous book fan, in the early years of Song Taizu, enacted the style of engraving the world." From this record, we can see that the beginning of Song Dynasty will Printed materials are included in the scope of national management, which is equivalent to the current print industry standards, and corresponding legal regulations, such as the existing print management regulations. Regrettably, the specific legal provisions at that time had disappeared in 2018. However, some general descriptions can be found in the records of later generations: "Song Xing, Zhiping (1064-1067) was forbidden to carry it before. You must apply for the Imperial College. After Xining (1068-1077), this prohibition was relaxed."

(5) The Song Dynasty copyright protection laws and related records

"Shu Linqing In the second volume of "The Words" there is an entry that "the ban on bans on the board began in the Song Dynasty", indicating that China has indeed had copyright protection statutes since the Song Dynasty. On the 21st of the first month of the second year of the Northern Song Dynasty Zhezong Shaosheng (1095), "The language of the Ministry of Punishment, scholars of criminal law, joint use of edicts, etc., Xu Zhaoguan entrusted protection, accepted paper and ink tools, went to the ministry to report and print, fraudsters It is like the law of pirate printing. From it.” This record shows that there was a “law of pirate printing” in the Northern Song Dynasty. In addition, there are cases in the existing books of the Song Dynasty that can confirm the copyright protection of the Song Dynasty. First, Meishan Cheng Sheren’s House Magazine "Eastern Capital Affairs", its card records: "Meishan Cheng Sheren’s house publication, has already applied for the boss, not allowed to cover", "has applied for the boss, not allowed to cover" and modern" "Copyright, no reprinting" is the same. This may be the earliest record of copyright protection enforcement. There are records in "Shu Lin Qing Hua", Qing Dynasty great collector Lu Xinyuan's "Song Lou Collection Bibliographies", and Ding Bing "The Rare Book Room Collection Bibliographies". Second, Jian’an Zhumu’s compilation of "Fang Yu Sheng Lan", after the preface, "Zhejiang Transit Division Lu Bai" said: "According to Zhu Tai Fu's housekeeper Wu Jizhuang, this house sees the records of the prefectures, and the name is "Fang Yu Sheng Lan" "" and "Four Six Treasures Garden", which were edited by the jinshi privately for several years of hard work. Nowadays, engraving editions requires a lot of money. Those who are horrified by the book market and profiteers will open the last edition or change the title. , Or in the name of "Shenzhen Yudi Shengji" and other books, open it and grab it, causing the house to work in vain, wasting the money, and it is really harmful, according to the engraving book, the declaration of the confession, begging and restraining, and extinction The problem of piracy. Zhang Guaxiao indicated at the lower Qu, Wuzhou Carving Books Office, if there is such a color, Rongbenzhai will report, begging to chase people and destroy the board, and stop the implementation. Fengtai judges the list and must go to the command... right The places where the engraving books of Qu and Wuzhou are published today are known by Zhang Guaxiao, who knows about them. If there are people like this, they will be investigated by their own reports, and the board will be destroyed. Therefore, the list...Fujian Road transfers the secretary's letter and begs to the list. Restrict the belongings, do not open the upper bookboard, and the same as the previous style, let alone record the white", the "Banwen" records clearly the "hard work" of the writer and the "extensive expense" of the publisher, which is to protect For their own economic interests, they can request the government to "disrupt the piracy". If there is a pirated version, Zhu has the right to "report, chase, destroy the board, and stop the implementation." The way to protect one's rights and the intensity of punishment by the government. Third, Gong Shi Luoyue published Duan Changwu's "Cong Gui Mao Poetry Collection Explanation" before a trip in the Guozijian "prohibition of piracy of public evidence" said: "The uncle Xian uses Mao's poems to talk about finger paintings, and pens are compiled. This is based on Donglai's "Poems". "Notes", refer to Hui'an "Shi Zhuan", and even the modern Confucianism. In a word, Gou is an invention, the rate is to record Yan, the name is "Cong Gui Mao's Collection of Poems"... The uncle Xian's engraved Zhiqianjing, his life energy, After finishing this book, Huan or other books are addicted to flipping, they must change the beginning and the end, adding to the sound and meaning... The present state is covered with Chen, begging to be bound by the two-Zhejiang Fujian Road Transport Department, begging to pay according to the Luo Gongshi For the photo. I did not dare to self-study, but waited for the order. Submitted to the Taiwanese sentence, still give to the supervisor. Except for the preparation of the Liangzhe Road, Fujian Road Transport Department's preparations to restrain the affiliated bookstores, take the responsibility and inform the committee's letter and reply to the application. In addition, if there is a person who does not comply with the restraint and violates the law, he will adhere to the Chen Qi of the sutra, chase the board and break it, and convict the punishment. The person must be paid. The right is issued to the public to pay the Luo Gong Shiyue to receive the license. Chunyou eight years To be given on July day." The so-called "Going in the Imperial College" was the central agency in charge of book publishing at that time and had the power to manage book publishing on behalf of the imperial court. The government has used administrative means to inform the bookstores of the relevant places that a book cannot be reprinted; at the same time, it also issued the so-called "report", that is, a license to the original journalist to prove the legality of the person's publication. If the original journalist finds someone After engraving, you can report to the local government on the basis of "according to", thereby destroying the board and punishing the crime. The publisher clearly stated that the reason for "prohibition of piracy" is sufficient, and believes that the work is first of all original: "One word, one word is an invention, and the rate is recorded"; secondly, it believes that the author has invested a lot of energy (the author is the subject of rights) : "Speaking of finger paintings, the pen is compiled", "The energy of my life is finished in this book"; and the publisher believes that the quality of the current edition is good: "The school is the most precise"; the last and most important reason is that if other Publishers are addicted to piracy, "it will change the beginning and the end, adding to the meaning", which infringes on the rights of the publisher and the original author. To this end, the publisher submitted an application to the Guozijian to pay a "license" to prohibit others from copying, and to give the publisher the right to "track and convict other pirates". There is no record in the historical materials about the final implementation of this incident, but it is indeed recorded in fact that there is a law to follow. It should be noted that copyright protection in the Southern Song Dynasty not only protects the author's own rights, even after the author's death, his relatives can also apply for copyright protection. The engraver of "Cong Gui Mao's Collection of Poems" regarded his uncle's large amount of spiritual creation as the main reason for the right to prohibit piracy. This shows that in this prohibition, the protected subject has been extended to the author (or the author's legal heir). Fourth, the literati Fan Jun in the early Southern Song Dynasty recorded an incident in his book "Answers to Yao Hongshu". At that time, someone pretended to be Fan Jun's name and wrote "Heyuan Fu Ji" and printed and sold it. He reported the matter to the government. Send an official document to Jianyang and destroy these private engravings

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