Research On The Copyright Protection Of News Works In The Network Environment

With the deepening of informatization,copyright infringement of news works is becoming more and more serious.This not only harms the rights and interests of relevant subjects,but also discourages the creative enthusiasm of journalists and disturbs the order of the development of the news media industry.Copyright law,as the main basis of copyright infringement regulation of news works,presents a weak predicament in both theory and practice.Therefore,it is necessary to study the copyright protection of news works in the network environment.Accordingly,in this paper,the problem oriented,follow the copyright law and the basic theory of journalism and communication,take the identification of news works in the network environment as a logical starting point,combing the our country news work in the network environment the copyright protection law,the plight of the practice and the causes are analyzed,and on the basis of the investigation beneficial practices abroad,from the legislation,law enforcement,judicial,law-abiding and industry self protection countermeasures are put forward.Specifically,this paper includes four chapters in addition to the introduction.The introduction mainly elaborates the research background and significance,reviews and evaluates the related research progress,and introduces the research objectives,ideas and methods of this paper.Chapter one is an introduction to copyright protection of news works in China's network environment.This chapter firstly defines and classifies the concept of news works in the network environment based on the theory of journalism and copyright law.Secondly,on the basis of demonstrating that news works are more timely,more technology-dependent and easy to be copied and modified in the network environment,this paper expounds the significance of strengthening the protection of news works to create a safe information network environment,promote the development of the news industry and ensure the media function to play.Third,turning to the legal perspective,the author combed and sorted out the legal compliance of news works protection inChina's network environment,pointed out that copyright law is the main basis,and on this basis,analyzed and discussed from the perspective of subject,object,content,right ownership,exception provisions and infringement identification.Chapter two,the insufficiency of copyright protection of Chinese news works in the network environment and its causes.This chapter points out that the overall situation of news work copyright infringement is serious,which has led to the disorder of the industry development,diversified and more hidden forms of infringement,irreversible consequences of infringement,and difficult for the right holder to help himself.And think this dilemma is imperfect legislation,such as the current news concept fuzzy,legal person and special post writings attribution rules contradiction led to hard news work ownership,lack of news work copyright collective management organization,etc.),the judicial relief insufficiency,the weakness of the copyright law enforcement,law-abiding consciousness weak related subject and old traditional media copyright management mode caused by many reasons,such as common.Chapter three,the experience of copyright protection of foreign news works in the network environment.This chapter expounds the Anglo-American law system and continental law system in the network environment the main countries or areas of news works copyright protection in judicial practice,summed up the enlightenment for protection of journalism in China,mainly include careful consideration whether the current news on exclude protection provisions,appropriate to give priority to report right and anti-unfair competition law protection of news work.Chapter four,Suggestions on the improvement of copyright protection of news works in China's network environment.This chapter puts forward countermeasures in four aspects: legislation,law enforcement,judicature and industry itself.The legislative proposal is a modification of the relevant articles of news works in the current copyright law,that is to say,it puts forward the improvement Suggestions for articles 5,23 and 33 in the form of tables.The perfect suggestion of copyright law enforcement is to make clear the rights and responsibilities of the subject,the jurisdiction and the judgment standard of infringement.The judicial suggestion is to unify the judgment standard,that is to judge whether the deep link behavior infringes or not should return to the legal standard from the server and other factual standards.The self-protection Suggestions for the news media industry are to use appropriate technical measures to protect copyright works in the premise of strengtheningcopyright awareness,and to actively seek a copyright management mode adapted to the media environment.