论著作权制度中的利益博弈与利益平衡

目前,我国已经着手对著作权法进行第二次修改。在考虑我国著作权法的修改问题时,如何从利益平衡的角度思考其中的利益博弈并寻求合作均衡,不但符合博弈各方的利益,对于达到修改著作权法的目的、实现整个社会的文学、艺术和科学事业的繁荣亦具有直接作用。这种利益博弈和利益平衡的辨析正是研究著作权法、探讨其中具体的保护性规定和限制性规定的魅力所在。具体到著作权法修改中的利益博弈和利益平衡来看,应在客观分析利益博弈现实的基础上,充分考虑利益博弈方的理性需求,将著作权制度中的权、责、利进一步明晰化,实现科学的利益分配和均衡,尽可能地避免利益博弈所带来的不必要的成本消耗。

On the Interests Game and Interests Balance of Copyright System

At present, China has embarked on the revision of Copyright Law. In considering the problems of the Copyright Law amendments, how to think about the interests game and to seek co-operation balance from the per- spective of balance of interests, that not only meet with the interests of all parties of the game, but also meet for the purpose of copyright law which has a direct role to achieve the prosperity of literature, art and science as a whole community. It is valuable to analyze interests game and interests balance that is meaningful for researching copyright law and its detail regulation. As for the interests game and interests balance of Chinese Copyright Law Amendment, we should be based on an objective analysis of the interests game on the practice, give full consideration to the par- ties＇ rational demand, make further clear for the right, responsibility and benefit of the copyright system, realize sci- entific benefit distribution and balance, as far as possible to avoid unnecessary cost damage brought by the interests game.