On The Copyright Protection Of News Works In The New Media Era

News works are not only the achievement of the intellectual work of news media and news practitioners,but also shoulder the important mission of disseminating mainstream voices and protecting the public's right to know,In the information age,protect the News Works' Copyright is important for both the copyright owners and the public.However,because the concept of news works is unclear in the current legislation of our country,the legal system of protecting news works is not perfect,there exists a realistic dilemma in copyright protection of news works,the coming of new media era also brings new challenges,there are many infringement which violate rights of the copyright owners.To improve the copyright protection system of news works,balance the right of the copyright owners and the public,this article starts with the current situation of copyright infringement of news works,analysis causes of the infringement,On the basis of clarifying the relevant concepts of news works,focus on balancing of interests,Explore the news works' rights protection and restriction,to find a typed way to protect news works which consistent with the current background,perfecting the responsibility system of copyright infringement in the new media era.This paper includes three parts:introduction,text and conclusion.The text is divided into five chapters:Chapter one begins with the dilemma of copyright protection of news works in the new media era,analysis causes of the infringement,points out the unclear provisions of the laws of our country on the concept of news works,the lack of legal protection for news works,and the inconsistency between the income of copyright protection rights and the payment to find the targeted solutions.Chapter two clarifies the legal concepts related to news works,proposed a reasonable restriction on the scope of current news,limit current news to daily news,and distinguish current news and news works by their contents,expression and the necessity of protection.Analysis the legal principle to argument the current news is not copyrightable but the news works is copyrightable.The third chapter aims to construct a news works rights restriction system which can balance the right of the copyright owners and the public by analyzing the private rights and social public interests contained in news works,proposed clarify the scope of the fair use of news works,and distinguish the fair use and infringement of news works based on the clear scope of current news,and improve the licensing system of news works.Chapter four puts forward the type protection of news works based on different forms of expression.Introduce the system of priority communication right in the protection of current affairs news,and give some weak protection of current affairs news with less timeliness of communication,protect the author's right to remuneration in the protection of current articles,clarify the nature of photographic works in the copyright law of photojournalism and protect them as photographic works,protect the news works created in a similar way to film making depend on it's relevance to the public interest.Chapter five discusses the copyright infringement liability of news works in the new media era,analyzed the responsible subject of news works infringement in the new media era,cleared the liability of infringement,explored news network communication platform's supervision responsibility,normalize the appliance of Safe Harbor to make sure news network communication platform can fulfill obligations actively.What's more,because the law stipulates a low compensation standards of copyright infringement,the thesis proposes to raise the standard of compensation for copyright infringement,introduce punitive damages and administrative penalties,increasing the cost of copyright infringement to reduce infringement.