On The Copyright Exception Of Aggregation APP News Push

Aggregation APP is a new technology in the Internet age.It provides a new type of information reading method for Internet users and is a disruptive change to the previous information dissemination model.The syndicated APP represented by today's headline is known as "not producing news and only being a porter of news".This appellation exposes the "parasitic" feature of the converged APP,so the legitimacy of the information source of the aggregated APP push information is bound to be affected.Question of stakeholders.As the source of the content of the aggregated APP push content,the technology supporting deep linking and optimizing the transcoding technology must be the focus of our attention.If the converged APP uses deep link technology to push information to users,the push behavior may directly fall within the scope of the right to spread on the proprietary rights information network.If the APP is aggregated to optimize the transcoding technology to complete the push behavior,it needs to be treated differently according to whether the aggregate media stores "temporary data" formed in the transcoding process in the mobile terminal.The "temporary copy" formed during the transcoding process is not considered to constitute infringement because it itself is part of the technical implementation and does not have the economic value of independent dissemination,but deliberately stores the data formed during transcoding on the terminal server.The act of providing artwork to follow-up users in the process,as a result of breaking the boundary of "temporary copy," constitutes infringement.Although the aggregated APP push behavior constitutes infringement under the copyright law vision,the converged APP has the characteristics of "timely,efficient,and convenient",news and information has the purpose of protecting the public's right to know,and combines the utilitarianism theory adopted by legislators in formulating copyright laws.This provides theoretical support for the rationality of syndication APP news push behavior.The property rights system is the basis of economic operation.When traditional media and aggregating media compete for interests and "battle together",we need to allocate rights to maximize the use of economic benefits.Because the aggregation of APP push behavior involves a lot of news and information,it is difficult to apply the"pre-authorized,then used" copyright law rules here,but the "exception limitation" of copyright law may be a good choice.Generally speaking,news and information can be broadly divided into current affairs news,current affairs articles,and news works.As current news itself is not a work,the current news pushed by the syndication APP is not subject to the rules of copyright law;if the information it pushes is the current affairs article as defined in Item 4 of Article 22 of the Copyright Law,the fair use system can be invoked;if Belonging to news works,based on considerations of transaction costs,a statutory licensing system may be applied to balance the conflicts of interest between the old and new media.