| The emergence of news aggregation platforms,which rely on technology to present news content,has changed the original order of news dissemination as well as the pattern of interests between media outlets,so it is inevitable that copyright disputes between media outlets will arise.As the country promotes media integration,the relationship between news aggregation platforms and traditional media has shifted from complete confrontation to the exploration of win-win cooperation models,and the issue of economic benefits between media has been initially resolved through cooperation.But now China has entered a new phase of promoting deep media integration,which has put forward higher requirements for inter-media cooperation,namely towards the pursuit of efficiency and fair distribution of benefits.Regardless of the type of cooperation between the media,the essence of the link between the two is the use of copyright in news works,so a perfect legal system for licensing copyright in news aggregation will help the long-term development of the relationship between the media in the new stage,and thus realize the deep integration of the media.Therefore,it is necessary to re-examine whether the current legal system of news aggregation copyright licensing has reached the state of news works copyright licensing required by the deep media convergence in the context of deep media convergence.This paper combines theories of law and law and economics to clarify the state of use of news works that should be achieved between traditional media and news aggregation platforms in the stage of promoting deep media convergence,analyze the dilemmas of the legal system of news aggregation copyright licensing from a practical perspective,and then put forward suggestions for improving the legal system.The main text consists of the following four main parts.The first part is the theoretical basis of the legal system of news aggregation copyright licensing.It is clarified that news aggregation copyright licensing has characteristics that distinguish it from traditional news work copyright licensing and copyright licensing in music and other fields,and that improving the legal system of news aggregation copyright licensing has the function of resolving conflicts of interest among media,improving the efficiency of copyright licensing and realizing fair remuneration,while the improvement of the legal system of news aggregation copyright licensing should follow the principles of balanced interests,efficient resource allocation and appropriate government intervention.The second part is the dilemma of the legal system of news aggregation copyright licensing.Firstly,the current combination of news copyright licensing types has not yet achieved the best allocation of interests,and there is still the dilemma of balancing interests and the ambiguity of the scope of each licensing type.Secondly,the current news aggregation copyright licensing mechanism has not yet reached high efficiency,and there are still obstacles of low efficiency of copyright licensing and difficulties in getting paid.Thirdly,the current mechanism for remedying copyright infringement in news aggregation licenses has not yet achieved sufficient protection,and there is still the dilemma of inconsistent standards of review of prelitigation injunctions and unclear standards of compensation amounts.The third part introduces the experience and shortcomings of the design of overseas legal systems for news syndication copyright licensing.Firstly,the reasons for the creation and application of the neighboring rights of newspaper publishers in the EU are reviewed,and on this basis,the conclusion is drawn that the system is not suitable for introduction into China for the time being,but the underlying logic of its creation can be drawn upon.Secondly,the changes in the criteria for judging fair use in the United States and its judicial application,on the basis of which we can conclude that transformative fair use is feasible to be applied in China.Thirdly,the development and application of implied licenses in foreign countries,on the basis of which we can conclude that they are feasible as a way to achieve efficient licensing in China.Fourthly,we will review the Australian Digital Platform Media Bargaining Act,on the basis of which we can conclude that the construction of digital platforms plays an important role in fair remuneration among media.The fourth section combines theory and practice to improve the legal regime for news aggregation copyright licensing.Firstly,for the use of copyright between news aggregation platforms and traditional media,a combination of copyright licensing types should be constructed with licensing as the principle of copyright use,supplemented by other licensing types,and an implied licensing system should be introduced to implement licensing to achieve a balance of interests between media.Secondly,the government should take the lead in building a nationwide unified digital copyright trading platform for news works,and establish a fair bargaining and payment mechanism with government participation to ensure the efficient dissemination of news information.Thirdly,the government should ensure the safe operation of news aggregation copyright licensing by improving the standards of compensation for infringement and pre-litigation injunction review. |
