论中国古代作者“私益”保护

The Protection of the Authors"Private Interests"in Ancient China

考察中国古代作品创作与传播机制后可知,尽管我国出版行业性组织至晚清才产生,但自宋以后,作者、刻印出版者、技术与作品市场化等与版权相关的重要因素已广泛存在于中国传统社会中。究其原因,中国古代作者群体的创作激励与儒家思想指导下的科举制度紧密联系在一起。在儒家思想沁润下,中国古代作者具有超越自我的创作原动力以及不拘于直接经济利益的义利观,这使得作品的传播不限于由刻印出版者主导的坊刻售卖形式;科举制度下知识分子群体与作者群体身份的高度重叠,使得以事业获取、互惠认可为代表的间接激励机制实质上发挥着保护作者“私益”的重要作用。与此同时,中国古代作者“私益”的丰富性,也为解读当下著作人身权规则提供了历史资鉴。

Through the study of the mechanisms of creation and dissemination of ancient Chinese works,it is discovered that although industry associations in China's publishing sector only emerged during the late Qing Dynasty,important factors for the emergence of modern copyright,such as authors,publishers,technology,and the marketization of works had been widely present in traditional Chinese society since the Song Dynasty.The reason is that the creative motivation of ancient Chinese authors was closely linked to the Imperial examination system guided by Confucianism.Under the influence of Confucian thought,authors inherently possessed a creative drive to transcend themselves and held a view of righteousness and profit not limited to direct economic benefits.This resulted in the dissemination of ancient Chinese works not being confined to the direct selling form led by publishers.The overlap of knowledge groups and creative groups under the imperial examination system meant that indirect incentive mechanisms,represented by career opportunities and mutual recognition,essentially played an important role in protecting the private interests of authors.The richness of the connotation of"private interests"of ancient Chinese authors also provides historical reference for interpreting the current rules of moral rights.