Copyright Infringement And Defense Of "Manuscript Laundering"

With the rapid development of online information dissemination technology,social media and various news clients,literary creation websites such as Weibo and WeChat have provided a lot of useful information for people.Through these media platforms,people are not only the learners of information,but also the producers of information.The creation of works to provide attractive information will not only increase the click-through rate of the media platform,bring more attention,but also increase the competitiveness of the media platform.The Internet economy,which is determined by the amount of attention,has unlimited possibilities for commercial value.Therefore,various media platforms have taken the risk to create attractive information production and supply through "Manuscript laundering".When Internet supervision can't keep up with the pace of technological development,"Manuscript laundering" is difficult to be found,and driven by strong commercial interests,it is widely existing in the field of online literature and news media."Manuscript laundering" has become a major problem disturbing the creative environment.“Manuscript laundering” damages the interests of copyright owners,not only cracks down on the enthusiasm of original authors,but also breaks the balance of interests among media platforms,authors,and the public.This behavior is not conducive to the establishment of cultural self-confidence,and will ultimately make many lose,so it is necessary to analyze “Manuscript laundering” from a legal perspective.In order to benefit the reasonable protection of copyright and the prosperity of Chinese culture,the subject of "Manuscript laundering" is based on the copyright law to clarify its content and explore whether it constitutes copyright infringement.This paper includes introduction and conclusion,which are divided into five parts.The first part introduces the background of the problem of “Manuscriptlaundering”,and knows about the purpose and meaning of regarding whether the drafting constitutes copyright infringement on the basis of the copyright law.Combing the relevant literature,the task of further research and the innovation and deficiency of this subject is clarified to prepare for the later parts of the study.The second part,define “Manuscript laundering” to clear its connotation and extension.First,know about the definition of "Manuscript laundering",make clear its connotation and extension;secondly,grasp the connotation and extension from the characteristics and ways of "copyright laundering";finally,distinguish "Manuscript laundering" from plagiarism,secondary creation,and its boundary to lay a solid foundation for the later research and discussion.The third part discusses how to determine the copyright infringement of "Manuscript laundering".First,clarify the scope of the infringing work and the scope of the copyright law adjustment,and define whether the work has meaning in the copyright law.Current affairs news works should be within this boundary;Secondly,observe whether the work is infringing through the thought and expression of the work;finally,observe whether main idea is similar to determine whether the work constitutes infringement.The fourth part discusses whether “manuscript infringement” is "fair use",which is one of the legal reasons for exemption from copyright infringement.The fifth part summarizes the full text and gives suggestions to restrict“manuscript laundering” from industry governance,legal amendments,judicial interpretations,and guiding cases.