Research On The Fair Use Of Online News Reports

News relates to national economy and people's livelihood.News reporting is an important way for the public to obtain information.Intellectual property rights are the rights in market relations.The logical starting point is the result of intellectual activities.Copyright law protects works and grants authors the right.There must be restrictions on rights.In order to balance the interests of protecting authors' originality and promoting social information flow,China's “Copyright Law” stipulates the legal conditions for the rational use of three kinds of news reports: the use of current news reports,the use of current events,and the use of speeches at public gatherings..Copyright is the birth of printing.Reasonable use of news reports is a product of the planned economy.Although it has undergone two amendments,it still has flaws.At present,the new features of online communication have caused a serious impact on the rational use of online news reporting.Reasonable use of news reports as a tool for defending copyright infringements,and the interests of news-related copyright owners have been greatly damaged.This article is divided into four parts.In the introduction part,the paper introduced the significance of the topic selection,research ideas and research methods,and explained the related semantic meaning.The first chapter summarizes the current situation of the rational use of online news reports.The first section analyzes the flaws in the legal use of existing news reports and the rational use of news reports.It analyzes the shortcomings of the legal use of existing news reports.The second section reports on the new characteristics of online news reporting and online news.The report begins with the rational use of interest groups and the current status of infringement cases,and analyzes the impact of the network on the rational use of news reports.The second chapter exhaustively quotes the online news reports on the rational use of behavior and analyzes the specific copyright issues under each path.The first section is the use of traditional media works on the Internet.There are different understandings of current news in the press industry.The inevitable citation or reproduction standards are unclear,the concept and extension of current affairs articles are not clear,and the current articles are applicable.Contradictions and other issues;the second section is the use of online works for each other,and there are unclear and unclear questions about the rational use of online news reports.The third section summarizes the problems existing in each path and points out that the root of the problem is: the imbalance between online news information sharing and copyright protection;the solution to the problem is to construct a standard for judicious use of online news reports.Chapter 3 establishes the criteria for the fair use of online news reports.Section I analyzes the advantages and disadvantages of relevant experience from the "three-step test" prescribed by international conventions,the "useful defenses" of the United States,and their respective new developments;Section 2 summarizes these experiences and determines the rational use of online news reports.Determine the content of the standard.To integrate the four elements of the US “rational use of defenses” into the “three-step test”,that is,the first step of the “three-step test” remains unchanged;the “second step”(without damaging the normal use of the work)is used.The fourth element(the use of the potential market or value of the work)is explained;the “third step”(without unreasonable infringement of the author's legitimate rights and interests)is explained by the other three criteria of the former.At the same time,the “principle of proportionality” is introduced to reinforce the overall Balanced.The third section clearly defines the prerequisites for the application of standards.The main players in the use of online news reports include online media;they clarify the current news,news articles,and current affairs articles in the object,distinguish “works and non-works”,and distinguish “facts and original expressions” in works.In section IV,on the basis of the above,the news report should use the works reasonably: the legitimacy of the purpose,that is,the use under specific circumstances;the necessity of the means,that is,does not damage the normal use of the work and the market value;the means and purpose are consistent with The ratio is that it will not harm the author's legitimate interests for no reason.