对于未曾出版传世的古籍作品,其一经点校整理出版或者公开再现,版本保护问题就会凸显。就此而言,以德国为代表的欧洲国家在著作权法中建立的首版邻接权制度不无借鉴意义。据此,对于处于公共领域、从未出版亦未公开再现的古籍作品,首次出版者、首次公开再现者享有一种与同类作品著作财产权内容相同的法定期限专有权。在我国,引进上述权利虽主要针对传统古籍,在法理上亦可适用于所有适格的公版作品。采纳这一制度安排既有利于“加大对古籍工作领域合法权益的保护力度”,又有助于我国完善版权法治和深度参与国际版权治理体系。
The Chinese nation has a long history and splendid culture, with numerous ancient texts requiring extensive proofreading and publishing efforts. However, for ancient books that have never been published and handed down, once they are proofread, collated and published or publicly reproduced, the issue of version protection will become prominent. This paper takes the first edition neighboring rights system established in the copyright laws of European countries such as Germany as the research object. Through comparative law analysis and case analysis, it systematically demonstrates the necessity and feasibility of introducing this system in China, and puts forward specific legislative suggestions, in order to provide theoretical support for the protection of ancient books and the improvement of copyright rule of law in my country. The analysis results show that for public domain ancient books that have never been published or publicly reproduced, the first publisher and the first public reproducer can enjoy a statutory term exclusive right equivalent to the copyright property rights of comparable works. Given China's extensive collection of ancient books and unearthed classics, many of which remain unpublished or publicly unreproduced in history, it is essential to introduce the first edition neighboring rights in legislation. While these rights primarily target traditional ancient books, they can extend to all qualified public works in legal theory. Adopting this system arrangement is conducive to "strengthening the protection of legitimate rights and interests in the field of ancient books", and is also conducive to China's improvement of copyright rule of law and in-depth participation in the international copyright governance. Consequently, rather than adopting "neighboring rights of ancient books" in China's legislative texts, "neighboring rights of public domain works" should serve as a more appropriate normative expression, encompassing protection for all unpublished and publicly unreproduced works in the public domain. As a property right, the neighboring rights of public domain works should mirror the property rights inherent in copyright for similar works, subject to protection period restrictions. At the same time, this article refines the rights requirements of the first copyright and clarifies the conditions for the generation of rights, including: ①The work must be in the public domain; ②It has not been published and has not been publicly reproduced; ③The publication or reproduction behavior must be legally authorized by the owner of the carrier. In the case of ancient books collected by the state, it is recommended to include the approval of the cultural relics authorities in the "legal license" requirement to balance the relationship between protection and utilization.
彭学龙,张成. 古籍首版邻接权保护探析[J]. 科技与出版, 2025, 44(4): 65-75. PENG Xuelong,ZHANG Cheng. Analysis of Protecting the First Edition of Ancient Books through Neighboring Rights. Science-Technology & Publication, 2025, 44(4): 65-75.
http://kjycb.tsinghuajournals.com/CN/ 或 http://kjycb.tsinghuajournals.com/CN/Y2025/V44/I4/65
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