苏联舆论审查与版权法的畸变

Censorship and Copyright Metamorphosis in USSR

沙俄时期的版权法直接借鉴了法、德等国的法律,1911年版权法达到了西欧国家的保护水平。十月革命后,在苏维埃社会主义国家与法律框架下,版权法屡经修改,在基本保留欧洲版权法律框架的基础上,保护水平不高,公法化倾向明显。但是,按照苏维埃所理解的表达自由,苏联当局一直实施严厉的言论审查,作者受到迫害,文化遭遇整肃,版权法没有实现其应有的效力。相反,在专制主义体制下,现代版权畸变为政治特权。

The copyright law of Tsarist Russia period directly borrowed French and German laws and reached the protecting level of western countries in 1911. After the October Revolution, under the structure of soviet socialist state and law, the copyright law had been revised many times, but still preserved the basic legal structure of Europe copyright law with low protective level and public law inclination. But according to the freedom of speech understood by the soviet, the USSR authority implemented severe censorship, many authors had been persecuted and the copyright law did not realize its due effects. On the contrary, under the autocracy system, the modem copyright had been changed into political privileges.