Exemption From Dissemination Torts Liability Of We-Media Works

With the development of network technology,Internet users have increased dramatically,and a series of we-media platforms have emerged.On the one hand,based on the aim of sharing information,the we-media platforms are working for promoting the dissemination of information.On the other hand,the media copyright owners have lost their effective control of the work,and the copyright protection of micro works has become a big problem.Therefore,how to balance the relationship between the two and realize the positive development have become main problems that need to be solved in theory and practice.The protection of traditional works follows the principle of "first authorized and then used",and if we continue to adhere to this principle in the we-media platform,it will lead to complex and costly works.Based on the reading of the existing literature in China,this paper focuses on the propagation path of we-media works,and explores a new mode which is different from traditional works copyright protection.First of all,the common ways of infringement of we-media works are complete plagiarism,unauthorized reprint and unspecified reference.Second,since some legitimate communication of we-media works require reasonable theoretical basis,the legal defense represented by the fair use system and the statutory licensing system is introduced here,along with other non-statutory defenses that are based on the implied permission system and social interaction defenses.After comprehensive analysis,the fair use system and implied license system are more in line with the idea of copyright interest balance,and play an important role in regulating the copyright protection of we-media works.Finally,in order to meet the application of the two systems,the existing laws need to be appropriately modified.The author suggests improving the relevant laws and regulations and establishing the collective management system of copyright so as to promote the rational use system and the implied authorization system to be more consistent with the copyright law requirements.