Research On Copyright Infringement Of Reprinted Behavior Of WeChat Offical Account

The rapid development of the Internet industry and the increasing popularity of smart phones have created an era of "we media" Various "we media" software emerge in an endless stream,among which the chat software--WeChat created by tencent can be regarded as the best.However,there are both advantages and disadvantages.Behind the popularity of WeChat,there are also many copyright infringement disputes.It poses a huge challenge to my judicial practice.How to effectively combat such infringement and safeguard legitimate interests has become a hot topic of research and discussion among people from all walks of life,which is also an urgent problem to be solved in current judicial practice.Although the WeChat public account contains three different types,the infringement mainly focuses on the reprint process of the subscription number.In view of this,this paper will focus on the WeChat subscription number infringement analysis.This paper follows the thinking mode of raising,analyzing and solving problems,and makes comprehensive use of comparative analysis and case analysis to study such special infringement problems.This paper tries to find out the crux of the problem that leads to the repeated prohibition of copyright infringement,focusing on the shortcomings of legislation and judicature in dealing with such infringement in our country,finding the defects in the traditional framework,and putting forward feasible Suggestions on the problems found.In order to make a better discussion,this paper divides the content into the following parts:The first part is the WeChat public number copyright infringement overview.First,introduced the WeChat public number type.Secondly,by studying the particularity of WeChat transmission mode,this paper summarizes the characteristics of this kind of infringement.Finally,three typical cases of WeChat infringement are listed to summarize the main forms and specific types of such infringement.The second part discusses the exemptions and responsibilities of such cases.The application of WeChat is summarized through the analysis of various exemption systems.Then it is necessary to discuss the director of responsibility,and the subjects of such infringement are the WeChat public account and the WeChat operator.First of all,the WeChat public account's way of responsibility,its applicable way of responsibility,including compensation for losses,stop the infringement,apology.Secondly,when judging the responsibility of WeChat operators,we should pay attention to the application of "safe harbor principle" and "red flag principle".The third part explores the plight of copyright protection of WeChat public account,mainly focusing on the legislative and judicial aspects,to find the crux of this kind of infringement is becoming more and more fierce,and summarize the shortcomings of China in these two aspects.Including the rigidity of the legislative model,the unreasonable distribution of the burden of proof in the judicial process and other reasons jointly lead to the plight of copyright protection of the WeChat public account in China.The fourth part,aiming at the above problems,puts forward solutions to solve such infringement disputes as soon as possible.Mainly from the legislative and judicial aspects,covering the flexible legislative model,improve the distribution of evidence system and many other proposals.