| With the change of information and communication technology,the media form of news reporting is also constantly developing in the fission,from the previous single and linear traditional media reporting form to a diversified and interactive integrated media reporting mode.While digital network technology broadens the channels for the public to obtain news information,it also increases the risk of copyright infringement in news reports,and how to balance the interest relationship between the exclusive rights of authors and the public’s use rights carried by news reports has become the key to improving the copyright restriction system for news reports.Under the framework of China’s copyright legislation,Chapter 2,Section 4 of the Copyright Law stipulates the limitation of rights,of which three are copyright restriction clauses on news reports,namely the use of news reports in Article 24,Paragraph 1(3),the use of reprinting of current affairs articles in Article 24,Paragraph 1(4),and the use of speech dissemination at public meetings in Article 24,Paragraph 1(5).However,in reality,there are still different views in the legal and journalistic circles on the understanding of the abovementioned limitation clause on the right to report on the news.In judicial decisions involving related disputes,there is also a lack of uniform judgment standards in judicial practice,resulting in different judgments in the same case.Therefore,it is necessary to explore the definition and application of copyright restrictions on news reports.Based on the current provisions on copyright restrictions in news reporting and the practice basis of news reporting,this article discusses the reasonable interpretation and key judgment of each clause in view of the problems existing in the application of copyright restriction clauses in news reports.In the application of the right limitation clause for reporting news situations,the definition of news in this clause should be clarified,and the qualifications of emerging media to be applied in this situation should be recognized,and the unavoidable conditions should be judged mainly considering the two factors of relevance and necessity of means,and can be judged by reference to the "four elements" judgment method in the United States.The application of the right restriction clause to the reproduction of current affairs articles defines that the content of current affairs articles should conform to the characteristics of timeliness and materiality,clarifies the subject positioning of emerging media in this clause,and can refer to the definition of "hard news" in the press for judgment.The limitation clause on the right to disseminate speeches made at public meetings clarifies that the scope of speeches should be limited to political or judicial public speeches,and suggests that the purpose of use should be to facilitate the flow of news information. |
