政策面向:作者权与版权的分歧与融合

Policy-oriented: Divergence and Convergence between the Droit d'Auteur and Copyright

当今著作权制度下存在的作者权体系和版权体系具有共同的起源:印刷特权。旧制度下的法国印刷特权体系已经具有作者权转向的趋势,重农主义思想的影响更是将作者真正推进权利中心。然而两大体系之间并不存在本质差别,政策性的立法手段,使得在《伯尔尼公约》签订以后,两大体系基于国际政策加速走向了融合。

It coexists in current zhuzuoquan system the droit d＇auteur and copyright, both of which have the common origin： printing privileges. The printing privileges system in France had already in the ancient regime turned into a new system regarding the droit d＇auteur. It was the physiocratic economic theory that made the author in France indeed became the author of centralization. Broadly speaking, the essential differences between the droit d＇auteur and copyright are artificial, which means the political factors in legislative process did matter, and that is why the aforementioned systems after signing the Berne Convention have sped up to a way of integration.