Research On Copyright Legislation And Judicature Of News Works From The Perspective Of Law And Economics

The copyright of news works is the copyright of news works.News work is an important carrier of the effective flow of information in the social environment,which bears the social function of meeting the public’s right to know.At the same time,the news work is the result of the author’s intellectual work,which is original and should be given a certain degree of protection by law.There is no specialized legislation in the field of news communication in China,the copyright of news works is regulated by the copyright law.Therefore,the copyright provisions of the copyright law on news works should not only protect the legitimate rights and interests of the author,encourage the creation of news works,but also encourage the dissemination of news works,so as to protect the public’s right to know to the maximum extent.On November 11,2020,the third revision of the copyright law was completed,and the new version of the copyright law was officially passed and implemented on June 1,2021.In the process of the third revision of the copyright law,there are many changes in the terms of the copyright of news works.For example,the object that is not protected by the copyright law is changed from current news to simple factual news,and the copyright ownership of news works,copyright restrictions of news works and compensation for copyright infringement of news works are adjusted.Where the law is amended is where the problem lies.The third revision of the copyright law has revised the controversial provisions in the current copyright law in practice,but there are still some problems in the new edition of the copyright law that can not fully stimulate the creation and dissemination of news works.This paper mainly analyzes the problems existing in the copyright legislation of news works from three aspects: copyright ownership of news works,copyright restrictions and compensation for news works,copyright infringement of news works.First of all,copyright of news works,new copyright law grants copyright to news works to news department,which solves the problem of unreasonable initial allocation of copyright in the current copyright law,but it fails to play the role of contract,and the relevant provisions fail to give full play to the incentive role.Secondly,in terms of copyright restrictions on news works,the new edition of the copyright law finally denies the amendment that the network media and newspapers,periodicals,radio stations,television stations and other traditional media juxtaposition,it is regarded as the subject of fair use of copyright in news works.But in the age of online media,the phenomenon of the failure of the copyright market of news works still exists,and the efficiency of encouraging the dissemination of news works has not reached the maximum Excellent.Thirdly,in terms of compensation for copyright infringement of news works,the new edition of the copyright law introduces punitive compensation,which helps to solve the problems of insufficient compensation and no deterrent function in the current copyright law to a certain extent,but its provisions still fail to achieve the best deterrent level.In the judicial aspect,this paper mainly analyzes the dilemma of judicial practice of news copyright and the application of law.First of all,the dilemma of the judicial practice of news copyright is reflected in the dilemma of the subject of rights and the dilemma of legal benefits.The high cost of safeguarding rights and the low standard of compensation are the dilemmas of the subject of rights in the judicial practice of the copyright of news works.The market mechanism is superior to the legal means,which means that the judicial practice of the copyright of news works fails to effectively protect the copyright interests of news works.Secondly,there is a single problem in the application of law in the judicial practice of the copyright of news works,that is,the anti unfair competition law,as a supplement to the copyright law,is applicable to the copyright infringement cases of news works,and the competitive interests of the media as the main body of the market are not effectively protected.Based on the issues showing in the legislation and judicature of the copyright of news works,this paper tries to propose some ideas.In the aspect of legislation,the copyright ownership of news works should be based on the principle of "agreement first",and give full play to the efficiency of the contract in the copyright allocation of news works;the subject qualification of the rational use of news works copyright by network media should be made clear,so as to encourage the dissemination of news works.In the judicial aspect,in the application of punitive damages,judges should reasonably use their discretion to achieve the best deterrent to copyright infringement of news works;apply the general provisions of the anti unfair competition law to protect the competitive interests of the media as the main body of the market.