对3D打印技术下复制权的思考

ON THE RIGHT OF REPRODUCTION FROM THE PERSPECTIVE OF 3D-PRINTING TECHNOLOGY

复制方式的变革对于复制权的影响是巨大的。从立法的角度来看,对于复制权的规制主要集中于对复制方式的限定。而学界无论是依据复制行为的载体类型对其进行三分法还是五分法,其主要目的是对复制方式实现体系化的建立,完成平面和立体复制之间的完备。但在3D技术出现之前,对于从立体到平面的复制存在理论空白。通过对3D打印技术原理的分析,提出了对于复制权体系建议的意见,同时借助当前著作权法第三次修改的机会,提出了自己对于复制权立法完善的建议。

The change in the mode of replication has enormous impact on the right of replication. From a point of view of legislation,the regulations on the right of reproduction mainly focus on the restriction of the mode of replication. In the academic circles,whether the right to copy is classified in three points or five points according to the carrier type of replication behavior,the main purpose is to establish a system of copy mode so as to improve plane and three-dimensional copy. However,before the technology of 3D-printing made its appearance,there was a theoretical blank from three-dimensional replication to plane replication. Based on an analysis of the principle of 3D printing technology,the paper puts forward suggestions on establishing a system of reproduction right,and at the same time,with the help of the third amendment to the copyright law at present,advances some proposals on improving copy right legislation.