| Since the rapid development of the media,books,newspapers,magazines and other traditional media are no longer the main way for the public to obtain information and enjoy literature,wechat,Weibo and other internet platforms have gradually become a new channel for people to obtain information.When the frequency of content output can not meet the needs of the public,“Draft washing”came into being.In the face of high advertising profits,coupled with “Inborn deficiencies”such as low barriers to entry,low technical difficulties and few regulatory constraints,a large number of public sign writers have become “Porters”and “Scissorhands”since the media platform is in chaos,“Draft-washing”behavior is particularly vigorous.There are three common forms in the infringement-type self-media platform: synonym replacement,replacement of sentence order,and assembling multiple articles to change the expression,characterized by the diversity of means,the conformity of ideas or content,and the rapidity of action.From the point of view of the subjects involved,whether the infringement of the self-media platform needs to be judged by whether there is obvious subjective malice and whether there are obvious consequences is still the two essential conditions for judging whether or not it needs to bear the liability for infringement,the judgment of whether the media platform service provider infringes the copyright should pay attention to the application of the safe harbor principle,and from the point of view of the object involved,the infringement object must be the original works protected as a whole in the sense of copyright law.The common ground between self-media platform copyright and traditional works copyright is that both are protected by the copyright law,and both must meet the principles of the composition of the works.Copyright on the platform of self-media has the characteristics of generalization,complexity of attribution,different standards of protection and marginalization of the rights of the copyright owner.The rights of the copyright owner of self-media works are realized by the personal rights of the copyright owner(including the right of authorship,the right of revision,the right of protecting the integrity of the work)and the property rights of the copyright owner(the right of reproduction,the right of information network dissemination,etc.).The recognition of copyright infringement should be based on the principle of “Dichotomy of thought expression”,“Reasonable use”and “Safe harbor principle”.Main problems existing in copyright regulation of manuscript washing on domestic self-media platform.From the point of view of the application of law,there are three problems: the lack of scientific reference object,the unclear standard of infringement,and the gap between the standard of compensation and the reality.From the aspect of administrative law enforcement,it is difficult for large-scale platforms of copyright protection and anti-infringement to increase their technical cooperation through corporate responsibility,and it is difficult for small and medium-sized platforms to actively participate in the rectification activities to enhance the effectiveness of the activities;China’s major platforms have not yet formed a perfect digital copyright protection system,and the effects of specific rectification activities in cyberspace are uneven and form a long-term mechanism.From the platform technology protection level,the coverage of real name authentication is too narrow and the depth is not enough,the detection process of original identification is restricted by technology,it is easy to breed malignant report incident,some rights protection activities set up barriers to participate in the exercise of the rights of the original creators,the results of complaints within the station are not guaranteed,the way of rights protection outside the station is not open.The author of self-media platform has weak legal consciousness,poor channel and high cost of protecting rights.Finally,we need to perfect the existing laws and regulations,establish a long-term protection mechanism of administrative law enforcement,and regulate the platform of self-media platform. |
