论知识产权法上的公共领域无偿性

Characterisics of Bing Free of Public Domain on Intellectual Property Law

无偿性是知识产权法上公共领域的基本特性,对于保持公共领域的开放性、守护民主自由是必要的,同时也是人们的共识。目前,有学者提出公共领域的有偿制度。从经济学和审美心理学分析,有偿性增加创作成本,不能提高当代创作者竞争力,其国家管理基金的模式也因有损市民社会、对象无法把握、效率低等而不具有正当性和操作性。

The character of being free of public domain on intellectual property law is its basic one. This is necessary to maintain the openness of public domain and protect democracy and freedom, and this idea is also the common sense. Now, it is said that the pay system in public domain should be established. From the perspective of economics and psychology of aesthetics, the characteristics of pay system would increase the cost of creation and could not enhance the competitive strength of modem creators. The model of govemmentomanaged fund has no validity or operability since it harms the civil community, is hard to control objects and less efficient and lawful.