Research On The Rational Use System Of News Works In The Digital Age

The third amendment of the copyright law（hereinafter referred to as the copyright law of 2020）has brought good news to the news media industry.Paragraph 2 of Article 5 changes "current affairs news" to "simple fact news",which makes it clear that "one sentence news" is not protected by the copyright law;Article 18 adds the types of works for special posts and determines the ownership of the rights of works for news posts;Item 3 of the first paragraph of Article 24 removes "current affairs",defines "news" as fact rather than expression,strictly distinguishes the connotation of two "current affairs news" in the old law,and eliminates the ambiguity in judicial application;The fourth item changes "author" to "copyright owner",standardizes the legal language,and further clarifies the ownership of the rights of news duty works.The copyright law of 2020 clarifies the vague concepts in the copyright of news works,which reflects the scientific and rigorous legislative level.However,there are still many disputes about the fair use system of news works.The reason is that there are no detailed provisions in the law,and there are differences in the interpretation of relevant legal provisions from all walks of life: how to identify the "inevitable" standard in Item 3,paragraph 1,Article 24;Whether the scope of "other media" in Items 3and 4 includes network media;How to define the fourth "current affairs article";And whether the "three-step test method" is unreasonable in judicial application.Combined with the copyright law of 2020,through the interpretation of the relevant provisions of Article 24 of the fair use system of news works,this paper further defines the connotation and definition of the relevant provisions,and puts forward some suggestions to improve the fair use system of news works in the digital era.The article consists of six parts.The first part is the introduction.Firstly,it introduces the purpose and significance of the research;Secondly,it combs the relevant literature and grasps the research results at this stage;Finally,it introduces the research ideas of the article and determines the innovation of the article.The second part is an overview of the fair use system of news works in the digital age.Firstly,it introduces the definition of news works and defines the connotation of news works in journalism and law;Secondly,starting from the relevant provisions of the copyright law of 2020,it clearly defines the types of news works;Finally,it analyzes the revision of the fair use system of news works in the copyright law of 2020,and points out the innovation in the revision.The third part is the problems existing in the rational use of news works in the digital age.Through investigation and case analysis,it is pointed out that the definition of "inevitability" is vague,the scope of "other media" is unclear,the definition of "current affairs articles" is vague,and the application of "three-step test" is questionable.The fourth part is the legitimacy analysis of the fair use system of news works in the digital age.Demonstrate the legitimacy of rational use from three aspects,and continuously deepen the understanding of the rational use of news works from the legal theory.The fifth part is the suggestions to improve the fair use system of news works in the digital age.Combined with the problems raised in the second part,on the basis of learning from foreign experience,combined with the views of scholars,and based on the national conditions of our country,put forward suggestions for improvement.The sixth part is the conclusion.The last part of the article summarizes the main points of the article.