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Research On News Works Sharing From The Perspective Of Creative Commons

Posted on:2020-01-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330623453947Subject:Media legal system
Abstract/Summary:PDF Full Text Request
With the development of digital technology and mobile terminal technology,the media industry has entered the new media era.The media with the right of news gathering and writing represented by traditional media have to face the situation of "sharing the market" with new media forms such as network media and "We-Media".News works,as the core assets of mass media,are protected by copyright law due to their originality.This is also the difference between news works and "Current news".News works not only have important value of cultural communication and public opinion guidance,but also have the appeal of instant and extensive communication.However,the progress of technology not only brings about the expansion of the spreading scope of news works,but also causes other news media,network media,we-media and other acts of reprinting and using at will.Faced with endless infringement,misappropriation,and indiscriminate publication,the road for journalists to protect their rights is extremely bumpy.Although our country has formed a relatively complete copyright law system,the relevant laws and regulations that can be cited by the right holders are also detailed.However,we still realize that merely relying on copyright law to protect the copyright of news works is not enough.At present,China's current copyright licensing system has Fair use,statutory license,licensing and others,but in the mutual connection and specific application of various systems,there is still the situation that it is difficult to realize the rights and interests of news media.Therefore,we should start from the current situation of the media industry,the use of copyright of news works,the development needs of the media itself and the social functions of the media to seek an alternative method for the dilemma of sharing and use of news works,so as to balance and coordinate the relationship between the subjects of rights and obligations.In the age of attention economy,news media are willing to see their works reproduced or used in order to improve their influence and popularity.However,they often want to retain some copyrights,such as the right of authorship in the moral rights of copyright,rather than reprint them out of order.In this case,it is a convenient and reliable choice to use Creative Commons.Holder of different authorization pattern based on the Creative Commons,will to choose for the using of the scope of authorization,the idea of "some rights reserved" is the essence of the Creative Commons,right holders' "actively public " their right boundaries,then the obligor will clear the intentions,and they will use the work in a fair way.In addition,under the Creative Commons,anyone can be the licensee,and anyone can use the works according to the authorization mode selected in the Creative Commons,which greatly ensures the communication needs of news works and plays a positive role in promoting the construction of media publicity.Specifically,the article is divided into three parts:The first chapter mainly introduces the current situation of copyright protection and sharing of news works.First of all,the article introduces the concept and characteristics of news works as well as the specific scope to clarify the boundaries of this article.Secondly,the paper introduces the use status of news works through the interpretation of news works' communication needs and copyright protection needs.Finally,by analyzing the current situation of legislation on copyright protection of news works in China and related copyright licensing systems,this paper proposes the dilemma of copyright protection of news works in China,taking this as the problem basis of this paper to carry out the following discussion.Chapter two discusses the feasibility of using Creative Commons on news works.Firstly,the article introduces the Creative Commons license agreement,including the concept and background of Creative Commons license and six different types of license.Secondly,the article introduces the characteristics of the news media and the plight of copyright system,discusses the rationality of using Creative Commons on news work reproducing and using and the improvement of the system of copyright.Finally,the article introduces the media practice on using Creative Commons,mainly including the Wiki-news and Flickr,the Wiki-news used the Creative Commons in two aspects of opening news sources and sharing work achievements,provides the realistic conditions of Creative Commons.Chapter three analyzes the practical path of applying Creative Commons license agreement to news works.This paper discusses how news media use the Creative Commons and the relevant issues that should be paid attention to in the application in three aspects.Firstly,this paper discusses how news media choose the authorization mode of Creative Commons,so as to realize their reserved or opened rights in practice.Starting from the characteristics of news works,this section analyzes the common forms of news works,including literal news works,news photography works and audio-visual works,and discusses the reasonable choice of news media on the authorization mode of Creative Commons.Secondly,the paper analyzes the practical process of news media using Creative Commons and puts forward reasonable suggestions for the practical application of media.It mainly includes determining the qualified news work sharing licensors before the licensing,paying attention to the prior rights in the news work in the application process,and the revocation after the application of the agreement.Finally,the paper analyzes the improvement of relevant systems applicable to the Creative Commons agreement for news works,combines the difficulties and practical concerns in the use of news media,and provides reasonable suggestions for the practical implementation of the Creative Commons agreement from the three aspects which include the establishment of a third party service agency,the improvement of judicial confirmation and the development of technical system.
Keywords/Search Tags:News works, Creative Commons, Traditional media, Copyright protection
PDF Full Text Request
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