Is it infringing upon public accounts to excerpt online news?
First of all, what is usually spread Articles belong to others and are their original intellectual achievements. Others have copyright in their works, including both personal rights and property rights in the copyright.
Secondly, it depends on whether the author has authorized these public accounts. When public accounts reprint articles, they should usually obtain the author's permission and pay a certain amount of remuneration. Copying and using other people's works without permission from the copyright owner may constitute infringement.
Finally, in the case of unauthorized use, it depends on whether there is fair use. Article 22 of the Copyright Law stipulates various situations of fair use. When these situations exist, the perpetrator does not commit infringement. However, returning to the question raised by the subject, usually the use of public accounts is for commercial use, and there is rarely a case of fair use.
In summary, if there is neither authorization nor reasonable use, the public In terms of account number, there is the possibility of infringing other people's copyright rights such as signature rights and information network dissemination rights.
In addition, the law has special provisions for current news.
Article 5 of the "Copyright Law of the People's Republic of China" stipulates: This law does not apply to: (2) Current affairs news. However, the reporting of current affairs news is no longer limited to simple recording and factual information transmission. When reporting current affairs news, reporters and media usually add personal and creative comments and editors. This makes "current affairs news" not only This includes simple facts and creative intellectual achievements of others. Therefore, Article 16 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" defines the meaning of "current affairs news" that is not protected by the Copyright Law: simple news spread through mass media factual newsIt falls under the current affairs news stipulated in Article 5(2) of the Copyright Law. At the same time, this article also stipulates that “the source should be indicated when disseminating and reporting current affairs news collected and edited by others.” This is to protect the rights and interests of those who are not included in the protection scope of the Copyright Law.
Since current news involves the public and needs to be balanced with public interests, the Copyright Law also regulates the parts that can be defined as works. There are certain restrictions, that is, Article 22 of the Copyright Law stipulates: In the following circumstances, the work may be used without the permission of the copyright owner and without payment of remuneration to the copyright owner, but the name of the author and the title of the work must be specified, and the copyright shall not be infringed. Other rights enjoyed by persons in accordance with this law: (2) In order to introduce or comment on a certain work or explain a certain issue, appropriately quote others' published works in the work; (3) In order to report current affairs news, publish in newspapers, periodicals, radio It is inevitable that published works will be reproduced or quoted in radio, television and other media. These two provisions define the fair use of relevant works, thereby balancing personal interests and public interests.
According to the relevant answers to the above content, it can be concluded that if you directly check online news and then publish it on the official account, it usually involves infringement, and the other party You can demand compensation yourself and stop the infringement immediately. If you still have relevant legal advice, you can call the online lawyers on the Legal Savior Network for answers.
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