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A Study On The Legal System For News Works

Posted on:2010-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:H J SunFull Text:PDF
GTID:2166360275460605Subject:Journalism
Abstract/Summary:PDF Full Text Request
As China's reform and opening up to further expand, the news media by the cause of the nature of the changing nature of the enterprise, the media continue to integrate into the market, moving toward industrialization, the press works is also more enhanced merchandise property. However, because of China's Copyright Law provides news from the protection of copyright law, the phenomenon of the news media' stealing test is popularity, and led to substantial litigation. On the one hand, the news media substantial copyright infringement of others put other people's things Used to Use. On the other hand, the current copyright law works for the interests of the news media did not provide protection for News Copyright-free has become much media news works to others for free use of the Protective Shield. In addition, other legal norms of the news market has lagged behind, the infringement and unfair competition among the news media become keen problem. The copyright case of Huasheng Monthly V.Farmer Daily, Works of award-winning Television Jiamusi plagiarism case, Guangxi Radio and TV Newspaper v. Guangxi Coal Mine Worker newspaper notice table of television programs the right to use the dispute are the typical cases. So, we can find that the news media have been among the disorderly competition with the universality. And, the understanding of the definition of News between the press and the jurisprudence is non-uniform resulted in the application of the legal difficulties. To this end, we are to protect the free flow of news value, in order to protect the majority of citizens' right to know, or to protect the works of individual citizens civil rights? On the basis of scientifically using of the explain study methods, comparative analysis of methods, empirical research methods and some methods of historical analysis of research methods, we have come to a more reasonable conclusion.News is not work, from the protection of copyright law is the current jurisprudence says in China. The article 6 of Regulations for the Implementation of the Copyright Law provides that news is the simple truth message, through newspapers, periodicals, radio, television and other media. But, Professor Liu Chuntian who have been involved in the development of copyright law considered that news is just the documentary information, refers to all the information by time, place, characters, events such as the objective truth "hardware" of the news, it reflects what happened recently. However, there is another understand of this says at the press. The majority of news scholars believe that news refers to the reports of recent major domestic and international political events or social events through newspapers, news agencies, radio stations, television stations and other news organizations. The meaning of the news in journalism is a broad sense. It does not emit description, discussion of practices and lyric writing, and permit the existence of preference-oriented, which is away from the provision in the copyright law. So, the two scholars for their definition are not uniform and often appears conflicting application. Based on current events from the protection of copyright law, the use of releases among media is disorder. Some direct Units of the Message, or sign to General. Some from the various media reports are the same subject matter, headline, lead, the main facts or background. Electronic media directly change paper-based media's text into the voice or radio. Paper-based media directly change electronic media's broadcast images of the characters into text or news photos. But in fact, in accordance with the principles of communication, news writing belongs to the process of source coding. Base on the writing skill, it is arranged into a language sequence of news content which must express the characters. After the formation of news journalism, news information is not the natural original information, but reflects the choice, position, opinion, analysis ability, presentation skills of reporter. As a result, there is the author's Originality in the news works, but it is relatively small, compared to other works. But, to determine the copyright law works' originality is whether, not size. So, whether in the term of protection of the manifestation, or protection of the work by the copyright law, news works should be protected. The core of modern copyright law is to protect the rights of authors which emphasizes both personality value and economic value, and seeks the balance of the creators, disseminators and users. On this principle, there has been expansion of the scope of copyright objects, as well as the work information of the trend of quasi-property. The legal protection of copyright works information on how to implement these principles, conform to this trend, has become a reality. We therefore advocate that works with copyright information, unless the law specifically make a discharge. And advocate that information for different works with different degrees of protection of copyright law. Based on the China News Award news about the division of genres, combined with legal practice, we put news works fall into three categories. The first category is no copyright, mainly refers to the news on the various news media and the live on the electronic media. The second category is the conditional free use of the news works; include comments and series reports, which belong to the copyright law of the current article and subject to reasonable restrictions on the use of the system. The third category have full copyright for the news works, include communications, news photography, layout, news comic books, supplements, special news, news talk shows, news programming, news columns and news articles. In addition, we also advocate to give full copyright protection to author's personal right, and to limit their property rights. On the attribution of news works, we have a clear idea that journalists hold the copyright of news works on the job behavior, but the news media hold the edit copyright of the whole news worksBecause of copyright law and the Anti-Unfair Competition Law has a very close relationship, anti-Unfair Competition Law as an important complement to the copyright system can provide a full range of three-dimensional protection and relief. Therefore, we propose to the legislature to deal with news of the Unfair Competition Copyrights problem clearly defined. At present, the media industry is with a strong character, and in the background of reform and opening up, it as the Information Industry is constantly highlighted the nature. Competition that is dominated by the law of value will become the economic relationship among the news media. News works with the three basic characteristics of merchandise has become a commodity for exchange. As a result, for the legal protection of news works, copyright law is not only necessary to achieve, but also required anti-unfair competition law. Learn from the experience of developed countries, we first require the Anti-Unfair Competition Law to define the news media as news business and define the news works as the property of merchandise. Secondly, marked the original news source and the original author, no copyright news works can be copied. However, it must be given to the original media release 24-hour priority. In the use of limited copyright news works and full copyright news works, to judge the unfair competition among news media firstly depends on the news media themselves, secondly on the news works. If they are competitors, or they use other's news works as their own, so there exists the act of unfair competition. And still to check whether or not news media to carry out an independent investigation, and has spent time and money. If these requirements are met, the act of unfair competition established, and tort liability must be on the infringing party.
Keywords/Search Tags:Current news, Copyright, Unfair competition, Difference protection, Media industrialization
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