质疑与建构:著作权法创作激励目的之二重奏

Query and Construction: Dual Purpose of Copyright Law to Inspire Creation of Works

长久已来,促进激励作者创作作品被各国视为著作权法的主要立法目的之一。著作权法作为权利法,其中蕴含确认与保障作品权利之功能不言自明。但保障作者权利与促进激励作者进行创作之间并无直接的因果关系,二者逻辑上的表现为"不充分不必要条件"。激励作者进行创作之目的,单独通过著作权法本身具有不可达致性。

Promoting and inspiring the creation of works has long been recognized as one of the main legislative purposes of Copyright Law by all states. As a law of rights, it is evident that the law must confrm and protect the rights in works. However, there is no causal relationships between the protecting author’s rights and the incentivizing the authors to create; rather, the relationships between them is “not sufficient and not necessary”. It is impossible to motivate the author to create works only through the Copyright Law itself.