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Anonymous users2024-02-06I'll explain them all.
The Copyright Law protects works with originality, that is, a written expression must reflect a certain degree of ideological creativity in order to be protected by the Copyright Law.
Copyright law does not protect ideas or facts, etc.
For general short news, it is the kind of short news that only has the time, place, person and main event, because the news content is the fact itself, and there are generally only these limited expressions for the fact, so it is not protected by the copyright law.
However, for long-form news, such as being summarized by a reporter's special interview, with a detailed description, or with the author's own commentary, or with his own unique writing style, etc., such expressions can be regarded as works with a certain degree of creativity and are protected by copyright law.
The reason for this provision in the Copyright Law is that if all very short and common expressions are protected, it will create a monopoly on the written and written language.
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Anonymous users2024-02-05"Current affairs" is an objective fact, "news" is a style of writing, and "current affairs news" is the expression of a certain objective fact with the style of "news". The so-called "current affairs news" that is not protected under the Copyright Law should refer to the expression of specific objective facts or the expression of non-originality that is limited by the principle of consolidation.
Compared with literal expressions, it is less likely that the visual expression of specific objective facts is limited by the principle of consolidation. Therefore, under normal circumstances, visual expressions such as ** reports, ** reports and audio and video reports do not belong to "current affairs news" that are not protected under copyright law.
Paragraph 4 of Article 22 of the Copyright Law of the People's Republic of China stipulates: "When newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., have published articles on current affairs on political, economic, and religious issues, they may not be authorized by the copyright owner and without paying remuneration to them, but shall indicate the name and title of the work, and shall not infringe other rights enjoyed by the copyright owner in accordance with this Law, except where the author is not allowed to publish or publish them." This paragraph is a provision on the fair use of "articles of a current nature".
Since the Copyright Law provides for the fair use of "current affairs articles", it is obvious that it is within the scope of protection of the Copyright Law, otherwise, the provisions on the fair use of "current affairs articles" are purely superfluous. It can be seen that in the current law, unlike "current affairs news", "current affairs articles" are the subject matter that should be protected by the copyright law.
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Anonymous users2024-02-04At present, there is no clear legal decree in China
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Anonymous users2024-02-03News reports are not protected by copyright law. China's Copyright Law does not stipulate "journalistic works" as a category of "works". According to the current Copyright Law, news is divided into three categories: current affairs news, current affairs articles and other news works.
Current news. China's current Copyright Law stipulates that "this law does not apply to: current affairs and news.
It can be seen that in China's "Copyright Law," current affairs news is not even a "work," let alone its "copyright protection." Topical articles. In this regard, China's current Copyright Law does not make special provisions.
According to the provisions of the Copyright Law, "in addition to the author's statement, newspapers, periodicals, radio stations, television stations, information networks, etc., published or other newspapers, periodicals, radio stations, television stations, information networks, etc., have published articles on current affairs on political, economic, and religious issues, without the permission of the right to defend the work, and without paying remuneration to the author, but shall indicate the name of the author, the title of the work, and the source of the work." Although this article has not yet entered into force, to some extent, it reflects that "current affairs articles with offices and bureaus" are indirectly classified as "fair use". Other news is a landslide.
Other news works can be regarded as all news works except "current affairs news" and "current affairs articles", such as news investigations, news reviews, editorials, news charts, **news, etc., published and broadcast in periodicals, radio stations, television stations, information networks, etc. Article 5 of the Copyright Law, Article 22 of the Copyright Law, Article 5 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China.
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Anonymous users2024-02-02Current news is not protected by the Copyright Law, and Article 5 of the Copyright Law stipulates that current affairs news is not protected by the Copyright Law. What is current news, the "Regulations for the Implementation of the Copyright Law" stipulates that simple factual news reported through newspapers, periodicals, radio stations, television stations and other communication media. Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases stipulates that simple factual news disseminated through the mass media belongs to current affairs news.
Therefore, the law only recognizes that mere factual news is current news. The reason why current affairs news is not protected is based on the "only expression" criterion in the theory of copyright. That is, when other reporters or newspapers express the same news facts, they can only express them in the same way, and from the perspective of this legislative spirit, even if the program preview does not belong to the current affairs news category, it is not protected by copyright.
However, with the development of the media industry, the news competition between the media has become increasingly fierce, and the news report has been more and more integrated into the integration, processing and judgment of information resources. Therefore, the Interpretation of Several Issues Concerning the Application of Law in the Trial of Civil Copyright Dispute Cases promulgated by the Supreme People's Court also stipulates that the source of current affairs news collected and edited by others shall be indicated.
Article 5 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China The following terms in the Copyright Law and these Regulations have the following meanings: (1) Current affairs news refers to simple factual news reported through newspapers, periodicals, radio stations, television stations, etc. Article 5 of the Copyright Law of the People's Republic of China This Law does not apply to:
1) Laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, as well as official translations thereof; (2) Purely factual information; (3) Calendars, common number tables, common ** and formulas.
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Anonymous users2024-02-01News reports are not protected by copyright law. According to the relevant laws and regulations, the general number table, calendar, simple factual news, as well as laws and regulations are not protected by copyright, and current affairs news refers to simple factual news reported through newspapers, periodicals, radio stations, television stations and other media.
[Legal basis].Article 5 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China.
The meanings of the following terms in the Copyright Act and these Terms of Use:
1) Current affairs news refers to simple factual news reported through newspapers, periodicals, radio stations, television stations, etc.
Article 5 of the Copyright Law of the People's Republic of China.
This Act does not apply to:
1) Laws, regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, as well as official translations thereof;
(2) Purely factual information;
(3) Calendars, common number tables, common ** and formulas.
It mainly includes personal rights (the right to modify, the right to protect the integrity of the work, the right of authorship, the right of publication), property rights (the right of reproduction, the right of distribution, the right of rental, the right of exhibition, the right of performance, the right of screening, the right of broadcasting, the right of information network dissemination, the right of filming, the right of adaptation, the right of translation, the right of compilation, and other rights that should be enjoyed by the copyright owner).
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