著作权法中思想与表达二分法原则探析

A Probe into the Principle of Separation of Content from Expression in Copyright Law

思想与表达二分法是著作权法中的一个十分重要的原则。二分法为平衡公众接近信息的需要和报偿、鼓励作者创作的需要提供了一个基础。二分法不仅在著作权立法上得到了广泛认可,在司法实践中也具有重要的指导意义,其中特别表现为平衡作者或其他著作权人与广大作品使用者之间的利益。二分法原则在著作权法中的适用具有充分的正当性。

Separation of content from expression form is an important principle in copyright law, which provides a base for the balance between the need of public to approach information and the fee they should pay as well as for the encouragement of writer＇ s creation. This principle is not only widely recognized in copyright law legislating but also has guiding significance in law practice, especially for the balance between the benefit of the writer or copyright owner and the benefit of enormous users of works. The use of this principle is completely proper in copyright law.