Research On The Recognition Of Copyright Infringement In News Aggregation

News aggregation is a word derived from the literal translation of Really Simple Syndication,a program developed by Net Stap in 1997.News aggregation refers to the aggregation of news from different websites into a certain platform for centralized display and real-time update to users.The recognition of copyright infringement of news aggregation is an analysis of the recognition of copyright infringement in the process of providing news aggregation to users,that is,framed link and temporary replication technology.With the popularization of news aggregation and its platform applications,the legislative confirmation of the unified standards for the infringement of the framed link information network dissemination right and the identification of the infringement of the copy right of temporary copying have become problems that need to be resolved.News aggregation is a new type of news dissemination method produced under the development of Internet technology.It has changed the traditional news reading experience of users.News aggregation uses the framed link technology to enable users to browse news information from different sources without having to switch back and forth between platforms,and maintain the same update speed as the source website;Through the technology of transcoding replication,the problem of incompatible pages between computer terminal and mobile terminal is solved,and users’ demand of browsing computer web page news information through mobile phone terminal is realized.Such an integrated and personalized news service quickly attracted a large number of users.However,the fact that news aggregation framed link can provide users with news works from different platforms without uploading relevant news works to the server and without guiding users to jump to links has led to thinking about the infringement of information network dissemination rights.The number of cases concerning the infringement of news aggregation information network dissemination rights has risen sharply,but in our country has not determined the framed link information network dissemination right infringement criteria in law.However,there are many tort standards in the theoretical and judicial circles,but they are not clear in the legislation,which leads to different results in the court decision and the phenomenon of another result when the same case happened.It is urgent to establish a unified standard of tort identification in legislation.Whether the temporary replication behavior in news aggregation transcoding replication technology belongs to the scope of reproduction right regulation in legislation is still uncertain,On the one hand,temporary replication is a necessary technical process to realize transcoding replication,which is reasonable.If temporary replication is limited,transcoding replication technology can not be realized,and users can not realize browsing purpose by transcoding replication;On the other hand,although news aggregation transcoding replication technology breaks the requirement that the traditional replication behavior must have tangible carrier,it does produce the objective result of temporary storage,which accords with the constitutive requirements of replication behavior.In order to improve the copyright regulation of news aggregation,for the identification of the right of information network communication of "framed link",We should confirm the uniform standard in legislation,adopt the standard of substantive presentation,and take the result of substantive presentation of news works as the identification standard of infringement.It is necessary to improve the licensing system for the dissemination of news works and establish an "opt-out" implied licensing system in the form of Robbots agreement to save the cost of news dissemination.For "temporary copying" in the transcoding process,as a digital copy,it should be regulated by the right of copying.However,for temporary copying that is inevitable due to the process of technological realization and does not have independent economic value,can be brought into the scope of rational use of the right of reproduction,while protecting the legitimate interests of copyright owners,helps the news aggregation industry move to a new level.