근대 중국의 문화시장과 저작권법 형성에 관한 소고

Abstract

In the end of the Qing Dynasty, Fundamental changes happened in almost of every aspect of Chinese society due to active exchange with the western countries and openness. There was no exception in the area of culture. It seems that these changes stemmed from the development of printing technology, appearance and development of periodical publications, urbanization, the needs of the time, influence of expansion of exchange with the West, etc. I believe that this led to the formation of modern cultural market. Therefore it gave the opportunity for recognizing the importance of copyright and gave much influence on implementing related system (the copyright act of Qing dynasty). The significance of <the copyright act of Qing dynasty> is as below:First, it defines the copyright in the perspective of unfair profit. Second, it stipulates protection of victim and legal procedures for protecting the rights of unaware victim by indiscreet lawsuits. Third, it defines the term of the protection of copyright. Fourth, it put importance not only on the protection of economical profit of copyrighter but also on psychological right. Most of all, it is considered to have significant meaning that this law played important role in paving the way for modernization of Chinese newspaper publication law.