Research On News Report Protection System Of Neighboring Rights In Network Environment

In the network environment,digital technologies represented by news aggregators are changing the way in which the public obtains news reports—service providers of search engines and news aggregating websites use web crawlers to grab headlines,content abstracts,reviews,etc.of news reports from news websites.This operating model triggered a protest by news publishers on the grounds that the use of“fragments”,pictures,and other components of news reports constituted a violation of their rights and interests.However,in the current international treaties and the domestic legislation of each member state,objective facts related to news reports are explicitly excluded from the scope of protection of copyright law.For example,Article 2,paragraph 8 of the Berne Convention provides “The protection of this Convention shall not apply to news of the day or to miscellaneous facts having the character of mere items of press information.” At the same time,service providers of search engines and news aggregators have suggested that this fragmented use of news reporting is a fair use.In order to protect the relevant rights and interests of news publishers,many civil law countries in recent years have proposed in the legislative practice to protect news reports by adding categories of neighboring rights.The countries represented by Germany and Spain added a new category of neighboring rights—right of news publishers—in the form of amendments;the European Commission also passed the draft “Digital Single Market Copyright Directive” in 2016,and the fourth quarterstipulated Legal protection of news publishers and their publications within the EU.Studying the neighboring rights of news publishers created by civil law countries is to explore the prospects for the development of China's copyright law and neighboring rights system.The traditional system of neighboring rights includes the rights of the performers to perform,the rights of the producers of the recordings on their recordings,and the rights of broadcasters to their programs.However,this is only the minimum protection standard required by the members and it does not mean that the neighboring rights only include these three types of rights.With the advancement of science and technology and the development of technology,the system of neighboring rights has also entered a process of gradual development.Legislation in various countries often stipulates neighboring rights in accordance with different actual conditions in the country and for objects that lack originality but do not protect against legal fairness.Protection system.This article is based on the practical exploration of the right to create news publishers in EU countries,including specific legal provisions,such as rights subjects,rights objects,transfer of rights,deadlines and restrictions,etc.,as well as the facts and reasons of scholars' opinions and court decisions.By analyzing the different points of view of the news aggregator's production and development,the legal disputes arising,and the traditional news publishers and news aggregator operators,the legal issues brought about by the development of this technology are clarified.Based on this,it introduces different protection methods for news reports and neighboring rights protection models.Secondly,the author analyzes the legitimacy and feasibility of the rights of news publishers and specifies whether or not the news coverage should be protected by neighboring rights under the network environment.A detailed analysis of the mode of protection of neighboring rights in news reports includes the development of neighboring rights,the role of market incentives,technological progress,relations with copyright owners,and five dimensions of German and Spanish practice.In addition,in light of China's current legislation and judicial practice,the differences between current affairs news and news reports are analyzed,and in ourcountry's current legislative and judicial practice,the provisions on the fragmented use of news reports and news photo protection issues.On this basis,the specific analysis of the applicability of the system of protection of neighboring rights in news reports and its specific objectives and requirements.Finally,this paper hopes to clarify the copyright disputes between the traditional news publishers and the network service providers represented by the search engine under the network environment by studying the practice of neighboring rights in other countries.