On The Neighboring Right Of Press Publishers

With the development of information and network technology,a new business model has emerged.News aggregator service providers capture relevant information of the whole network in real time according to users’ retrieval preferences,and present the final retrieval results to users in a "one-stop" form,which brings about legal issues of news aggregation,which is the background of the birth of news publisher rights.As a new neighboring right,the legislation of the right of news publishers in Europe has aroused great controversy in the academic and industrial circles.Based on the similar legal issues of news aggregation in China,the legislative initiatives of European countries and regions have also attracted domestic attention.The key problem to be solved in this paper is to discuss whether it is necessary and reasonable to set up the right of news publishers in China,and how to construct the main content of its legislation on the basis of necessity and rationality.At present,China mainly regulates the legal issues of news aggregation through the anti unfair competition law,but the author believes that there are some limitations in the regulatory path of adopting the anti unfair competition law.The ambiguity of a right provides a boost to the profit seeking behavior of all parties.Disputes between news aggregation service providers and traditional news publishers need to be prevented through legislation to reduce the friction of interests of all parties and the waste of administrative and judicial resources.Therefore,on the one hand,based on the characteristics of China’s legal system,the development of the Internet and the operation mode of new and old media,this paper adopts empirical research methods to analyze the problems existing in China’s regulatory path for news aggregation under the current system,discusses the necessity of establishing the news publisher’s right in China,and further analyzes the legal basis for the establishment of the news publisher’s right by using legal interpretation methods.On the other hand,it uses comparative analysis methods,Through the comparison between the relevant foreign legislation and the legal provisions of our country,this paper provides a useful reference for the construction of the right of news publishers in our country,and puts forward the specific idea of the establishment of the right of news publishers in our country,including its content and restrictions.