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1994年7月5日,国家主席江泽民签署第三十号主席令,公布了八届全国人大常委会第八次会议同日通过的“关于惩治侵犯著作权的犯罪的决定”。作为著名摄影家,中国人民警官大学副教授李振盛对全国人大常委会的这一决定感到欢欣鼓舞。李振盛前不久刚因其摄影作品著作权遭受侵害而与江苏文艺出版社和著名作家冯骥才对簿公堂,现正等待法院的判决结果。 这是我国建国以来首例摄影作品著作权官司,案情本身并不复杂,但其间原、被告各方对侵权是非的一系列认识及法庭辩论,都有许多耐人咀嚼回味之处。 畅销书引起名人官司 “20世纪的历史将以最沉重的笔墨记载这人类的两大悲剧:法西斯暴行和‘文革’浩劫。凡是这两大劫难的亲身经历者,都在努力忘却它,又无法忘却它。”这是我国著名作家冯骥才在《100个人的10年》一书“前记”中写下的一段话。
On July 5, 1994, President Jiang Zemin signed the 30th chairman's order, announcing the “Decision on Punishing Crimes of Infringement on Copyright” passed on the same day at the Eighth Meeting of the Eighth NPC Standing Committee. As a famous photographer, Li Zhensheng, an associate professor of the Chinese People's Police Officer University, rejoiced at the decision of the NPC Standing Committee. Not long ago, Li Zhensheng was just waiting for the verdict of the court due to the copyright infringement on his photography work, which was brought against the court with the Jiangsu Literature and Art Publishing House and the famous writer Feng Jicai. This is the first copyright case of photography since the founding of our country. The case itself is not complicated. However, during the series of cognitions and court debates between the original defendants and the defendants on non-infringement, there are many areas where people are chewy and memorable. Best-selling book arouses celebrity lawsuit “The 20th century's history will record the two tragedies of mankind, the Fascist atrocities and the 'Cultural Revolution' catastrophe in its heaviest writing. All those who experience these two catastrophes are trying hard to forget it and failing Forget it. ”This is a passage written by Feng Jicai, a famous writer in our country, in the preface to the book“ 10 Years of 100 Persons. ”