关键词: 违禁作品, 著作权, 著作法益, 民事法益

Abstract: The existing theoretical controversy is focused on whether illegal works are rights or non-rights， which promises to bring the debate in a dilemma and throw the legal relief of illegal works into necessitous circumstances. Illegal works are profitable， non-statutory and negative in an inferior legal position as well as with weak stability， which could be defined in nature as “works interest” rather than copyright. The third revision of Copyright Law should be fully used to define the character of illegal works to solve the problems in practice. It is necessary to make clear that “works interest: is within the scope of objects protected by Copyright Law so as to make it known to the public and provide the relevant guidelines. Consequently， a fully protected model integrating both Copyright Law and Tort Law should be established.

Key words: illegal works, copyright, works interest, civil legal interest