宋代的版权问题

雕版印刷技术促使宋代出版业迅速发展。为禁止当时的盗版现象，宋代一些营利出版商试图寻求官府的保护。出版商的努力反映了基于私人知识财产的版权观念已经产生。然而，宋代的版权形态仅仅表现为某些营利出版商的版权利益主张与个别地方官府偶尔、零散的行政庇护相结合。出版商的行为并没有导致版权法或知识产权制度的催生。对此，郑成思认为是由于传统社会经济未得到发展。安守廉则认为官府有关版权或出版业的行为只是反映帝国控制思想传播的努力。但是，从历史的角度而言，西方中世纪对出版业的控制程度远甚于宋代，版权法却首先产生于英国。与宋代出版商不同，西方私人出版商的出版特权与政府的出版管制密切相联。在各种社会因素的作用下，出版特权成为稳定的制度。各种因素促使出版特权制度转变为后来的版权法。中国古代无法发展出一套版权制度与当时的集权/极权政治相关。

    关键词： 版权；宋代；《书林清话》；郑成思；安守廉

    The Issue of Copyright in Song Dynasty

    ──With a Review of the Debates between Professor Zheng Chengsi and William P.

    Alford

    Abstract: The popularization of new printing technology spured the fastdevelopment of publication business in Song dynasty. To forbid pirate and holdmonopoly in copyright, some businesspersons tried to plead state's assistance.Businesspersons' efforts reflected the appearance of copyright idea based onprivate knowledge property. The state control on printing business, however,exerted supporting dynasty's power. The businessperson's claim for copyright wastotally under the control of state. Their efforts were casual or scattered. Inaddition, their pleading for copyright didn't develop into Copyright law orintellectual property institution. As to the question why traditional China didnot give birth to Copyright law, Professor Zheng Chengsi explained that thetraditional social economy had been underdevelped. Differently, Professor WilliamP. Alford considered all state's efforts on copyright or publication justmirrored the imperial China's control on the spread of thoughts. In his eyes,this is the fundenmental reason why Copyright law or intellectal law didn't comeinto being. Historically, the control from states in west and Vatican on themediaeval publication was stricter than what happened in Song dynasty; however,the first Copyright law of the world appeared in England. Unlike the printingbusiness in Song dynasty, the printing privilege of private publishing houses inthe west history connected with state's printing control. Therefore, printingprivilege became steady-going institution supported by various strength. Moreover,these strengths helped the printing privilege in west history transformed tomodern Copyright law late. It means that the history of Copyright law in westpredicates the explanation from William P. Alford is arguable. Diffirent researchangle of view leads to the divergence between professor Zheng Chengsi and WilliamP. Alford.

    原文刊于《环球法律评论》2005年第1期