著作權法關於製版權之立法研究

A Research on Plate Rights in Copyright Law

製版權，乃臺灣著作權法基於保障製版人投資利益，以及鼓勵文化利用與保存等目的，於著作權以外，賦予製版人就其針對特定著作所製版面為影印、印刷或類似方法重製之專屬權利，為臺灣著作權法特有之制度。現行著作權法關於製版權章之規定，於1998年最近一次修正後，二十餘年期間雖歷經數位科技進展以及文化政策更新等變化，立法方面卻少有相關討論，學術領域亦從未見專門論述，製版權能否符合時代與社會之需求而有其存在之價值，遂成為值得檢討之課題。本文擬從製版權立法沿革、要件、性質以及目的等事項之介紹出發，配合比較法、趨勢與實證之觀察，全面檢視製版權制度，以檢討製版權存在之價值，並尋求立法之新方向。

Plate rights, defined in Taiwanese Copyright Law, are the exclusive rights held by a plate maker to photocopy, print, or use similar methods of reproduction based on the plate. The rights of the plate maker are unique and distinguishable from copyright in Taiwanese Copyright Law as the Law installs the basic provisions of plate rights into an individual chapter. The legislative purpose of plate rights is to protect the investment interests of the plate makers and to encourage general public to preserve and use cultural heritages. It appears that the legislative history of Copyright Law particularly, the chapter of plate rights certainly have not been amended and never been substantially discussed by the lawmakers for at least over twenty years plus there has been no monograph on plate rights for over fifty years. Meanwhile, digital and Internet technologies have been flourishing in recent years. The major platform for information exchange has shifted from the real world to the cyberspace so that the traditional publishing industry is forced to operate digitally. Additionally, preserving and enhancing cultural heritage has become one of the major policies of Taiwanese Ministry of Culture as “antiquities” could be preserved and enhanced including not only literary and artistic works but also any works with cultural significance and value. In view of phenomena above, the existing provisions of plate rights seem to be outdated, laggard, and brushing aside actual needs of the society. Taiwanese Intellectual Property Office has recently expressed concerns in this the issue and put “the existence of plate rights” on the list of its legislative plan, indicating the legislation of plate rights has high research potential and value. Based on the phenomena and problems mentioned above, by taking the consideration of actual need of society and the tendency of the digital era, the article will attempt to pursue better legislative options via thorough examination of the legislative history, the legal elements, the legal nature, the legislative purposes, and comparative study concerning plate rights.