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违禁作品的作者是否享有著作权,一直是理论界争论的热点问题之一。虽然我国著作权法已明确规定:“依法禁止出版、传播的作品,不受本法保护。”但是,围绕着这一问题的争论并没有因此而结束。原因是什么呢?我们认为:第一,这条规定本身的语义表述使人们在理解上极易产生歧义。第二,这条规定自身与整个著作权法的精神和其他内容存在着明显的矛盾,使著作权法本身没有从总体上保持其内容的和谐统一。这些是引起人们对这一问题争论不休的症结所在。
Whether the authors of the prohibited works enjoy copyright or not has always been one of the hot issues in the debate among theorists. Although China's copyright law has clearly stipulated: “The work prohibited by law from being published or distributed is not protected by this Law.” However, the debate surrounding this issue has not ended. What is the reason? In our opinion: First, the semantic expression of this provision makes it extremely easy for people to understand it in terms of ambiguity. Secondly, there is a clear contradiction between this provision and the spirit and other contents of the copyright law as a whole, so that the copyright law itself does not maintain the harmony and unity of its contents as a whole. These are the cruxes that cause people to argue over this issue.