Research On The Fair Use Of Copyright In News Works Under The Network Environment

The convenience of information dissemination brought by the network enhances the way for the public to access and use news works,which is conducive to the circulation of news information,and on the other hand increases the risk of copyright infringement of news works.The Internet has changed the way in which news works are presented,how they are transmitted,and how they are used,complicating the rational reproduction and reprint of individuals and the public.The judicially established information network communication rights,the establishment of a network authorization system,and the adoption of technical protection measures,while safeguarding the copyright rights of news works under the network environment,have reduced the space for reasonable use by the public to a certain extent.In order to balance the rights and interests of copyrighted works of news works in the network environment as the basic starting point,exploring the rational use system of news works in the network environment is the research topic of this paper.This thesis takes care of journalism research from the perspective of legal significance,and studies the copyright protection exception of news works based on the "reasonable use" system in legal theory.It belongs to interdisciplinary research.Copyright law protects the expression of the work rather than the content of the work.In general,the copyright of the news is not copyrighted.Therefore,from the perspective of the dual value of copyright justice and benefit,this paper analyzes the individual or the public domain in the specific case without the copyright owner.Licensing and not paying will use the interests of the copyright owner's works,and explore the balance between the public property of the news work and the public interest of the copyright owner.From the perspective of civil law,the author analyzes the copyright,journalism and publicity of the service society in the three perspectives of the interests,freedom and will of the public use of news works,and explores the copyright owners and publishers under the network environment.(network service provider)and the balance of interests of users.From the perspective of the public works and market attributes of other literary works,audio-visual works,fine art works,and the use of the right to restrict the doctrine of rational use of the system,the use of text analysis,case analysis,comparative methods,etc.Discuss the application of the system of fair use of copyright in news works.This paper first analyzes the theoretical basis of news works and rational use system,and systematically summarizes the definition,category and copyright of news works,from the historical development of rational use,the historical development of rational use in China,and the rational use of the rational use.Historical traceability,through the analysis of the legislative system for the rational use of domestic and foreign news works,to understand the judicial system of the fair use of news works.In this paper,the news works in the traditional media environment are divided into newspapers,journal news works,TV news works and radio news works according to the communication carrier,respectively,to explore the rational use of text,pictures,images and sound effects in the traditional environment.Based on this,it is discussed whether there is “discomfort” in the network environment,that is,the problem that the law is difficult to regulate or the situation that is unfair according to the existing laws.In the third part,the paper proposes that the digitization of news works blurs the boundary and purpose of the public's reasonable use.The Internet copyright rights granted by the judicial people to the copyright works of the news works hinder the circulation of news information,narrowing the space for the public to use reasonably,and breaking the space.The balance of interests between copyright owners,publishers(network service providers)and users of news works.In order to debug all kinds of discomfort in the network environment,this paper classifies the news works into text news works,audio-visual news works,art and photography news works according to the works of the copyright law,and analyzes how the various types of news works should adapt to the network environment.A reasonable use system.This research is an interdisciplinary study of journalism communication and law.It divides news works into text news works,audiovisual news works and art photography news works according to legal significance,enriching the theoretical research of news copyright protection.This paper sorts out the application of the fair use system of news works in the traditional environment and network environment,analyzes the adjustment of the fair use system of news works in the network environment,provides theoretical support for further improving the rational use system of news works,and can better protect the copyright of news works.Human rights and social public interests.