Reflection on the Nature of Copyright Law: Rectifying the Formalism of the Literary Copyright

摘要

This article explored the problem of what the content of copyrighted was determined by. By tracing the history and nature of copyright law, we can see copyright law was born with the characteristic of formalism and broke away from the populace and the authors. This kind of copyright law deviates from the original intention of serving the public. As an external incentive system, if it can not adapt to the real demand of the domestic publishing industry and the authors, return to the civil position and drive force from the populace for their own development, ultimately it will be difficult to survive in the plump flesh and blood.