一稿多投的著作权法分析

A Copyright Law Analysis of Manuscript Multi-submission

一稿多投现象有深厚的社会根基,符合大多数人的利益与愿望,有存在的合法性。实践中要禁止的应当是一稿多用,而不应是一稿多投。一稿多投并不必然导致一稿多用。我国《著作权法》第32条第1款对一稿多投作了规定。然而,该条款对一稿多投的规定模棱两可,逻辑不够严密,致使一稿多用问题得不到解决,有必要对《著作权法》的相关规定进行修改。

Manuscript multi-submission has a deep social background, according with benefit and desire of most people. Thus, the existence of manuscript multi-submission is legal. We should put an end to manuscript multipublication, but not manuscript multi-submission. Manuscript multi-submission doesn＇ t surely lead to manuscript multi-publication. Materially, the first section of the 32nd provision in Copyright Law in China is about manuscript multi-submission. However, this provision is illogical and has many defects. As a result, manuscript multi-publication is unable to be solved well. It＇ s necessary to carry out modification of Copyright Law.