《著作权法》第4条关于“依法禁止出版、传播的作品,不受本法保护”的规定,其目的主要是为了防止或减少淫秽、反社会的等作品的出版与传播。这一规定不但与著作权法的法理不合,而且也与著作权法保护形式上的作品和创作者的原则不相吻合,在实际适用中也极为困难。因此,有必要借鉴各国成熟的立法经验,对之进行必要的修改与完善。 Article 4 of the Copyright Law provides that “the work prohibited by law from being published or distributed shall not be protected by this Law”, the main purpose of which is to prevent or reduce the publication and dissemination of obscene and antisocial works. This provision is not only inconsistent with the legal principle of copyright law, but also incompatible with the principle of the copyright-protected works and creators in copyright law. It is also extremely difficult to apply it in practice. Therefore, it is necessary to learn from the mature legislative experience in various countries and make the necessary changes and improvements to them.