Research On The Constitution Of Liability And The Regulatory Path Of News Aggregation

News aggregator currently has been favored, it filtrates the information of websites, classifies and integrates the news. The new model not only brings out the innovation of the Internet age, but also sparks wide spread controversy. For example, "Today’s headlines" had been alleged of infringement, which caused domestic hubbub in 2014. "Google Law" enacted by Germany also sparked controversy. Whether news aggregator commits infringement of copyright of the traditional media(including the right of dissemination via information networks and reproduction right), or constitutes unjustified enrichment? Based on the violation of the news aggregator, which kind of path we are facing in order to protect the interests of traditional print media? Through the analysis and summary of news aggregator’s behavior patterns, I make my own judgment, and bring out constructive proposals.With the example of "Today’s headlines", which triggered controversy including two aspects questions, this paper spread out discussion. Firstly, traditional news publishers think that "Today’s headlines" makes secondary process by collecting, classifying, and making large data analysis of news. After "secondary process" over the news, news original pages are "optimized", the links of the original pages can be seen only in the bottom of the articles. From the user’s point of view in general, although clicking the hyperlink of news aggregators will jump to the original link, but this process is hidden, which is very easy to mislead the public. The public may understand that the content is provided by news aggregators. And in this process, news aggregators increase their economic benefits, this behavior is no doubt the allegedly infringing. In this regard, "Today’s headlines" responded that there is no modification of the original pages. This response is still open to question. Secondly, news aggregations did not establish partnerships relationship with traditional news publishers, and the use of their content of news constitutes a commercially improper competition, adverse effects of this behavior is much greater than its favorable factors.Meanwhile, news products are divided into journalistic works that protected by copyright law and news which is not protected by copyright law. Distinguish between two different types is the premise of discussion of copyright infringement dispute. Only the use of journalistic work have the possibility of causing copyright law infringement. As for news which is excluded from the scope of copyright law, its use may involve unfair competition disputes. Since the news product has a strong timeliness, instance is news product’s life. Current news occupies a great part of the news product, and therefore this paper is focus on the using of anti-unfair competition law to regulate news aggregation. Journalistic work can also rely on anti-unfair competition Law to be protected, so there is no distinguish between the two products in the corresponding part of the discussion of this article.In addition to the traditional regulatory path of copyright law and anti-unfair competition law, news products have property benefits, so the behavior of news aggregators involves the violation of property rights. Its profitability has no legal reasons. If it does not commit copyright infringement, we can take advantage of the general principles of civil law to regulate unjust enrichment. Such thinking is the innovation of regulation path.Based on the above issues, this paper will discuss news aggregator’s behavior patterns and analyze and summarize it. On the result of the analysis, I will make recommendations. Copyright collective management organization system is based on the license of copyright author to exercise rights. The potential users of the work are conducted to make transactions. This system is conducive to the dissemination of works in a wider range, and to reduce transaction costs. Accordingly, referencing usefulness of the copyright collective management organization system and establishing collective licensing management mechanism between news aggregators and traditional news publishers can also eliminate unreasonable dispute, compensate traditional news publishers, and benefit the industry.This paper is divided into four chapters. The first chapter is divided into two parts, the first one focuses on analyzing news aggregator’s behavior pattern, which is showed as the news title plus a hyperlink, and its essence is framed link. According to the content of the first section, section II is the analysis of news aggregation legal dispute initiated, including whether a work infringes reproduction rights and the right of dissemination via information network, and whether it constitutes unfair competition to traditional news publishers.The second chapter analyzes liability of news aggregation behavior for tort in detail. Part one is about that "temporary copies" arising from news aggregators work process are not infringement of right of reproduction, and the debate between "server standard" and "public perception standard", which concludes that news aggregator do not infringe the reproduction right and the right of dissemination via information network. Part two analyzes news aggregator from the perspective of property rights, conclude that it constitutes unjust enrichment.The third chapter analyzes the current international and domestic regulatory path for news aggregation behavior. Part one focuses on the creation of neighboring rights to protect traditional news publishers in Germany. This part analyzes from five aspects to compare the pros and cons, and makes conclusion. Part two draws the appropriate conclusions on the analysis of news aggregation behavior based on the Anti-Unfair Competition Law.On the basis of the conclusions of the above analysis of the first three chapters, Chapter IV put forward constructive suggestions that building a collective licensing mechanisms of traditional news publishers, which draws on copyright collective management model, to balance the interests of all parties.In this paper, the relevant domestic and foreign affairs and judicial precedents are applied to introduce news aggregator behavior and its essence. Through the analysis of a variety of doctrines and jurisprudences, author determine the legal liability of news aggregator behavior, comparing the pros and cons of different protection models, trying to find the most viable regulatory path. Not only protecting the investment of traditional news publishers, but also causing no damages to the development of news aggregators, the maintenance of the general public right of access to information, and guaranteeing the freedom of Internet information flow to balance the interests of all parties.