Research On Copyright Protection Of News Works

With the development of new media technology,news dissemination channels and business methods have changed.While bringing convenience to news dissemination,copyright infringement disputes in news works are not uncommon,causing many problems in the application of law.In current practice,the main problems in the copyright protection of news works are: the attribution of news works is controversial,the boundaries of fair use are blurred,and the determination of copyright infringement on news aggregation platforms is not uniform.The solution of the above problems will help to unify judicial decisions and safeguard the legitimate rights and interests of copyright owners.First of all,with regard to the attribution of the copyright of journalistic works,in order to reflect the value of the copyright protection of journalistic works,the principle of respecting the creator and realizing the balance of interests shall be used to determine the attribution of copyright,and the model of allowing the priority of agreement and optimizing the attribution of statutory copyright shall be constructed.Secondly,as far as the boundary of fair use is concerned,since news works have public attributes,it is necessary to expand the scope of fair use of news works.In the specific types of application,clarify the applicable conditions for "reporting news","current affairs articles" and "speeches at public gatherings",and expand the applicable subject to include licensed online media,so as to adapt to news works in the new media environment dissemination needs.Finally,in the determination of copyright infringement of news aggregation platforms,the key lies in judging whether their behavior constitutes "providing behavior" stipulated by law.When the platform provides the content of news works through transcoding or deep linking,it constitutes direct infringement,and when the platform provides technical support If it subjectively constitutes knowledge or knowledge,it constitutes indirect infringement.Apply the substantive presentation standard as the judicial determination standard for copyright infringement of news aggregation platforms,and make it clear that the platform has a corresponding duty of care.