Research On The Regulation Of Copyright Related To News Aggregation Actions

The problem of copyright under the digital environment is the traditional copyright mode can not play its due role under the impact of new technology.The main contradiction between traditional news industry and news aggregation is that news aggregation APP does not publish original news itself,while aggregating other sources in the platform,and then make profits,this way causes many dissatisfaction.On the one hand,news aggregation APP set "aggregated links" on traditional news websites,play the role of the site of alternative sources of substantial;on the other hand,in the process of presenting news aggregation app works,shielding the advertising information of source website,and grab the interest of commercial websites,its behavior is suspected of rights infringement.There is not a consensus of academic about the above traditional dispute raised by the media.And at the same time,due to China's judicial practice that the "right to network dissemination of information" has been a swing of " standard server","user perceived standard",and "substantial presentation standard" for a long time,it leads to some different judicial results.The public take eyes and interests news aggregation app,which led to a decline of enthusiasm of traditional media,this may make news industry to a slower traffic.The current copyright framework did not give a clear regulation to news aggregation,and it is hard to deal with the copyright infringement.This paper intends to analyze the operation mode of news aggregation service,points out that the technology causes the copyright dispute,analyzes the present regulation on the polymerization behavior under the framework of copyright law,and then explore the regulation pattern in accordance with the current situations of our country.There is no law deal with the news aggregation behavior in China now.While,traditional media has spent a lot of manpower and material resources on news written,if the news aggregation behavior is not regulated and the news been used by news aggregation app without limits,it is harmful to the development of news industry.The purpose of this paper is to point out how to use the copyright law to regulate news aggregation behavior and delineate the rights boundary of information network dissemination.On the basis of analysis of relevant judicial practice of domestic and foreign on news aggregation behaviors,this paper intend to give up the traditional "Server Standard" in the news infringement polymerization behavior,instead with "user perceived standards",that can narrow the gap between technology and copyright right,maintain the balance of interests of all parties.While,the application of this standard does not exclude other standards,but also requires a combination of technical neutrality and balance of interests.Aiming at the predicament of traditional media,China's copyright infringement regulations should make the change,balanced standards adopted in the transition phase;than make a more explicit regulation of news aggregation behavior.At the same time,copyright owners should also enhance their awareness of rights,and take a series of technical measures to stop infringement.The new and traditional media should actively explore the path of industrial cooperation and win-win way to resolve conflicts.