Research On Copyright In The Setting Of We Media

With the advancement of digital technology,the rapid development of internet industry and the prevalence of mobile communication terminals,we media has entered into our daily life unconsciously.When users are using we media applications,on the one hand,their passions to create are inspired,giving birth to a large number of works on the we media platform;on the other hand,these works are widely duplicated,reused and shared in we media.However,the issues of copyright behind this phenomenon cannot be overlooked:the development of we media has caused impact on traditional copyright to some extent,which manifests as expansion of copyright.In order to encourage the advancement of we media industry,restrictions should be placed on copyright.However,overly-heavy restrictions would injure the benefits of owners of copyright.Taking the above into consideration,we should build an interest balancing mechanism between owners of copyright,public and platform.Specifically,this essay could be divided into five chapters.The first chapter begins with defining we media and introducing its developmental history and its functions,using WeChat as an example.In contrast with previous types of media,we media has the characteristics of interactivity,autonomy,time sensitiveness.Moreover,this essay explores the way from the definition of we media.The copyright in the setting of we media could be applicable for originality,reproducibility and the thoughts-expression division but will weaken the exclusive rights of owners,increase new methods of utilization and make relevant laws and regulations lag behind the development of we media.The second chapter and the third chapter analyzes issues regarding expansion of copyright and copyright restriction.Firstly,this essay summarizes the manifestations of expansion of copyright:the appearance of permanent and contemporary reproduction;the moderators and users propagation behavior;the protection of the owners via the extensive application of technical measures.Then the essay elaborates issues with regard to copyright restriction:We can restrain personal copy behaviors with "three-step examination method"and restrict temporary copy behaviors with implied license.In addition,this essay also analyzes some special types of moderators and users' copyright restriction.Moreover,it is pointed out that technical measures shall be employed within the boundary of copyright.The fourth chapter analyzes the imbalance of the copyright interests pattern in the setting of we media:Conflicts of interests emerge between we media platform and owners,owners and users to some extent.Furthermore,the development of we media has placed counter restriction on fair use and statutory license.Moreover,the essay introduces the interest balancing mechanism briefly and then analyzes the definition of the C&M Framework and how to apply this framework.The fifth chapter talks about how to improve the interest balancing mechanism in the setting of the we media in three aspects.Firstly,from the perspective of legislation,this essay divides the behaviors of use into profit-seeking ones and non-profitable ones and solve the problem of use of works via collective management and implied license.Then,the rights and obligations of ISPs are clarified.Moreover,from a law enforcement perspective,this essay suggests strengthening law enforcement and implement real-name system,then establishing an independent supervision institution drawing on the experiences of English law.In the end,from an administrative perspective,this essay takes the first WeChat tort case in Guangdong Province as an example and elucidates the evidence system and damage compensation system.