Research On The Application Of Fair Use System In News Reports

News reports are a important way for us to understand major events at home and abroad.As the news industry growns and develops,it gradually has a certain economic status.The stipulations in Article 22 of the Copyright Law concerning the fair use system of news reports have led to the situation in which judicial practice has produced the same case,and the fair use system of news reports is seriously out of touch with judicial practice.This paper discusses the specific application of Article 22(3)of the Copyright Law in judicial practice: analyzing the applicable preconditions,applicable subject scope and applicable conditions of the fair use system of news reports,and analyzing the focus of typical case disputes.Study the views of scholars in the industry,analyze the legislative purposes behind the fair use system of news reports,and sort out the consensus and existing disputes in the process of applying this law to scholars and judicial practice at this stage,so as to analyze the reasonableness of news reports.The reason for the application of the system is to propose a solution to the problem,in order to solve the problem of how to correctly determine the reasonable use system in accordance with Article 22(3)of the Copyright Law.For this purpose,this paper analyzes the logical thinking of the article according to the judgment of the restrictive conditions of the fair use system of news reports.This paper starts from the practical disputes in the application of the law report on the fair use system,and analyzes the scholars' viewpoints to analyze the causes of the disputes to solve the problems in the practice,and draws the following conclusions: First,the applicable premise of the article is "to report the current affairs The current news in the News is not the same concept as the “current affairs news” that is not protected by the Copyright Law.It is recommended to change the “current affairs news” in this article to “current affairs” to show the difference;secondly,it is applicable to the report on the fair use of current news.The scope of the subject should not be constrained by traditional media.When using other people's works for reporting news,the media has become the new carrier of information dissemination in the Internet age.Although it plays the same role as the traditional media stipulated by the law,in view of its operating mode.Complexity,therefore,considering whether the media is a suitable subject for the fair use of news reports,it is necessary to draw on the four-factor standard comprehensive judgment;when it is determined that one of the applicable conditions of the fair use system of news reports is “inevitably reproduced or quoted”,“inevitable " from the Berne Convention,so for The interpretation of inevitably reappearing or quoting should be interpreted in accordance with the legislative intent of the Berne Convention,that is,the conditions should be “in the context of legitimate needs for reporting purposes” and “perceived in the reporting process” in the Berne Convention.Judging criteria;for the disputes in the practice that indicate the relationship between the obligation of the source and the fair use system of the news report,this article does not include the obligation to indicate the existence of the judgment from the defects in the legislation of the rational use system and the judicial practice.The necessary conditions for fair use analyze the law's attitude towards the clause,and in view of the fact that the user's obligation to indicate the source is different from the legal source of the fair use system and the interests of protection,this article considers that the obligation to be used is not a news report.The constituent elements of a fair use system.