违法作品的著作权保护

Copyright of illegal works

违法作品的使用受到限制,但仍应享有著作权。我国《著作权法》第4条的规定还存在缺陷。在行将进行的《著作权法》第三次修改中应区分作品违法的类型与著作权蕴含的不同权利,确立作品著作权自创立取得的原则,同时限制内容违法性作品的出版、传播等权利,程序违法性作品在涤除程序瑕疵后获得完整著作权。如此我国《著作权法》才能达致逻辑的自洽性。

Although the use of illegal works should be restricted, it also own copyright. In China＇ s newly revised Copyright Law, fourth article did not give copyright to illegal works which has become a major defect. In the upcoming third modification, we should distinguish the different types of illegal works and copyrights, establishing the principle that copyrights have come since the works were created. As for content illegal works we should limit its publication and communication rights. As for the program illegal works, they can also obtain complete copyrights after the illegal procedures being corrected. Only in this way China＇ s Copyright Law can really achieve its logical self-consistency.