| Advances in Internet technology often pose new challenges to established legal norms,as does the news industry.News aggregation platform has created a new business operation model.Instead of producing news content,it USES technology to capture,sort and summarize news works released by traditional media platforms.Users can read information without logging into news source websites one by one,realizing one-stop access service.However,along with its continuous development,it has greatly impacted the pattern of traditional news industry and brought difficulties to the application of copyright law.Infringement of news aggregation platform are different from previous network copyright infringement,news aggregation platform tend to grab a chain without authorization by chain website news content to its own platform,and through the transcoding interface optimization behavior temporary copy the news content,and shielding chain page ads,and "headline + feed+ thumbnail" fragmented form shows the result list.This kind of "free riding" news aggregation is characterized by strong concealment and high benefits,which makes the copyright and interests of traditional news media vulnerable to infringement and thus leads to the imbalance of the interests of the news media industry.Therefore,the nature of its contradiction is a game of copyright interests between news producers and news porters,traditional media and news aggregation platform.However,the current copyright law in China cannot be effectively dealt with.The development of technology and the lag of law are particularly prominent here,resulting in many infringement problems.Starting from the subject,object and behavior mode of news aggregation operation,this paper makes a detailed analysis of the infringement problems involved in news aggregation platform,and puts forward solutions to the infringement problems of news aggregation platform in China by combining with the legislation mode of protecting traditional media outside China.Strive to protect the legitimate rights and interests of traditional news media,but also continue to promote technological innovation and development.To be specific,in addition to the introduction,this paper consists of four chapters.The first chapter summarizes the news aggregation platform,clarifies the classification of news under the French meaning of copyright in China,divides the behavior mode of news aggregation platform into deep link,transcode and result list,so as to clarify the concept andunderstand the role of background,and provide conceptual support for the subsequent analysis of copyright infringement.The second chapter,the copyright infringement involved in the behavior of news aggregation platform.First of all,from the perspective of the subject of the act,the legal nature of the subject of the act is not clear,leading to the application of the principle of safe haven is fuzzy.Secondly,it analyzes the confusion of its legal application from the aspect of behavior objects.Due to the lack of specific operability in the definition of current news,fair use often becomes the defense of news aggregation platform,which makes the distinction between it and news works confused.Finally,from the perspective of aggregation behavior presented by technology overlay,firstly,the news aggregation platform sets the deep link behavior and adopts the existing mainstream view "server standard",which makes it difficult to identify it as the "act of providing works" in the right of information network transmission.In judicial discretion,the judgment standard has not reached a consensus,the advantages and disadvantages of the four standards are analyzed.At the same time,combined with the typical domestic and foreign judicial cases,and direct infringement and indirect infringement to distinguish.Secondly,there are three kinds of academic disputes about the temporary copying in transcoding technology,which makes the legal positioning of the temporary copying ambiguous and leads to the problem that the infringing copying right has different results.Third,it is questionable whether the fragmented use in the result list is an act of copyright infringement.In chapter three,the balance between the innovation system and the observance of the old rules is weighed.The countries or regions outside the region take the lead in trying to alleviate the infringement disputes by means of legislation.Focusing on sorting out the copyright legal system in Germany,Spain and the European Union,Germany proposed for the first time to add the adjacent right of newspaper publishers,Spain’s compulsory license and copyright collective management organization,and the latest digital copyright legislation design in the European Union.This paper analyzes the practice path of legislation outside China,combines the current situation of legislation in China,summarizes the experience and takes the essence to open the thinking for solving the problem of infringement in the next step.The fourth chapter,aiming at the problems mentioned above,puts forward the solutions of our country.First of all,for the news aggregation platform with the characteristics of network content service provider,it is clear that its legal nature is a special network service provider,and cannot apply the principle of safe harbor.Secondly,the scope of application of laws should be clarified,and conditions of current news and fair use system should be limited to avoid confusion with news works.Thirdly,the relevant laws and regulations should be improved asthe regulation mechanism,and the substantive presentation standards should be adopted to include non-stored deep link behaviors into the category of information network transmission right,and the unauthorized behaviors should be recognized as direct infringement.It is clear that the temporary copy belongs to the right of copy,and the temporary copy in transcoding behavior is stipulated as the exception and exemption,so as to eliminate the fuzzy zone.At the same time,in order to protect the rights and interests of traditional media,we should draw lessons from other countries,add the adjacent right of Chinese press publishers,and regulate the fragmented use and display behavior in the result list.Finally,the problem of infringement should be solved in other ways.First,from the perspective of technical means,both traditional news media platforms and news aggregation platforms can take technical measures to help avoid the risk of copyright infringement and reduce the occurrence of infringement disputes.Secondly,based on the principle of interest balance,we encourage the two parties to actively promote copyright cooperation,and the licensing contract can be signed to achieve a win-win situation.By establishing the news copyright Society,we can improve the copyright collective management system,which is conducive to coordinating the profit distribution between traditional content producers and users of technical channels.The establishment of a fair and reasonable profit sharing mechanism is conducive to the healthy and orderly development of the news industry and alleviates the conflicts of copyright interests brought by news aggregation platforms in news communication. |
