Research On The Identification Of Copyright Infringement Of "Manuscript Washing" Behavior Of We Media

With the advancement of computer networking technologies and the widespread use of mobile phones,we-media operators keep up with the development of information and culture industry in the new era,publish their works on we-media platforms and gain profits by cashing in traffic.Driven by interests,some we-media operators deviate from the path of originality and choose to "wash manuscripts" of others’ works to seek greater benefits by shortening the creation cycle of works.In recent years,"manuscript washing" incidents from media often occur,such as the case of "bad review" accused of manuscript washing in 2016,the case of "We media person Liu Shen Leilei" who broke the news that "Zhou Hong’s video tone" had "manuscript washing" of his article,and the case of Yi Shenghua v.Fan Zhen and Chengdu Hualu Network Service Co.,LTD.Copyright ownership and infringement dispute in2019."We media" operators make use of the original expression elements of original works and modify them,and then publish them on their own "we media" accounts,which n ot only infringes the copyright of original authors,but also seriously damages the environment of cultural creation and communication.Although the relevant administrative departments of the state jointly launched the "Sword Net 2019" special action to combat online infringement and piracy,the focus of the crackdown and rectification of plagiarism,tampering and deleting original works and other violations of the rights of original authors.However,the phenomenon of "manuscript washing" is still very serious.The identification standard of copyright infringement of "manuscript washing" act of We-media in China is not clear,so it is necessary to study it."We media" works are different from "Copyright Law" in the traditional sense,but "We media" works can be presented in certain forms and are original,which conforms to the definition of "work" in "Copyright Law".Therefore,the copyright of we-media works should also be protected by the Copyright Law.Originality is the core of a work.To improve the identification standard for copyright infringement of "manuscript washing" by we-media,the judgment standard for originality of a work must be clarified first.Comprehensively analyze the concept,behavior mode and characteristics of "manuscript washing" behavior of "We media" and clarify the legal nature of "manuscript washing" behavior of "We media".Material is similar as the center of gravity of copyright infringement,should be integrated use of "abstract separation" "law of the overall look and feel" ju dging from the media "the draft" works similar to whether the original works constitute a substantial,in trial activities,but also eliminates reasonable use into consideration,clear contact +substance similar-"reasonable use" standards.