How to protect your rights if your original article is reprinted by other social software public accounts
1. Make sure to publish on the public account Whether the article is a work protected by Copyright law
The object protected by the Copyright Law is works.
According to Article 2 of the "Copyright Law Implementation Regulations" Provisions:
Works referred to in the Copyright Law refer to An intellectual achievement in the fields of literature, art, and science that is original and capable of being reproduced in some tangible form.
Not all works are protected by copyright law Protection, for example, works containing obscene content do not fall within the scope of protection under my country's copyright law.
At the same time, the Copyright Law also stipulates that official documents, current affairs news, etc. are not objects of protection. However, the public account has processed and organized the pure factual information and added its own analysis and comments, which constitutes an original work. Reprinting it at will will infringe the copyright of others.
The essential elements of the work are originality and Can be reproduced in tangible form. If the reprinted article itself plagiarizes the work of others and is not original, then the reprinted work is not protected by copyright law.
Therefore, determine whether the reprinted article is copyrighted For legal protection, the key is to see whether the article constitutes a work.
2. Exclusion of fair use
Article 22 of the Copyright Law clearly stipulates 12 types of fair use , that is, you can use the work under these 12 circumstances without the permission of the copyright owner or payment of remuneration.
Certain conditions must be met for fair use:
Limited to published works only.
Not for profit.
The title of the work and the name of the author should be indicated.
Cannot Infringement of other rights enjoyed by the copyright owner in accordance with the law.
《 The Implementation Regulations of the Copyright Law also clearly stipulate:
According to The relevant provisions of the Copyright Law stipulate that the use of published works without the permission of the copyright owner shall not affect the normal use of the work, nor shall it reasonably damage the legitimate interests of the copyright owner.
3. Treat reprinting behavior of social software public accounts differently
Social software official account is a platform for publishing information to social software users, and it faces unspecific Subscribers, as long as social software users follow the social software official account, they can obtain the information published on the social software official account through the information network anytime and anywhere.
Therefore, the behavior of social software public accounts publishing information to subscribers is an information network communication behavior.
Operators of some social software public accounts often use the banner of "learning", "appreciation" and "sharing" to privately reprint and disseminate the copyright owner's content without the consent of the copyright owner. Works.Statutory conditions for fair use by comparison , it can be found that this so-called sharing and reprinting behavior does not belong to the 12 fair use situations expressly listed in the law.
Due to the large audience and wide dissemination of social software public accounts, reprinted articles usually delete the source, author and other information of the original article, which causes a substitution effect on the original article. Therefore, Reprinting of social software official accounts does not constitute fair use.
If you have any other legal questions about your original article being infringed upon, you may wish to come to the Legal Savior Network to find a professional lawyer for detailed answers. Only a lawyer can help you.
