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Original title: New “Copyright Law” that “patched” the manuscript, received a heavy fine
Large-scale infringement of informational works through “manipulation” and “laundering” on the Internet platformCopyrightChaos should be severely punished in this way.
▲ Data map. CCTV news screenshot.
November 11, 2020, latest revision“The Copyright Law of the People’s Republic of China”It is officially launched and will be implemented on June 1, 2021. This is the third revision of the Copyright Act. The first two reviews were in 2001 and 2010.
Although the Copyright Law does not appear in the Civil Code, this law protectsCopyright ownerLegitimate rights, promotionKnow howAccumulate and exchange, enrich the spiritual life of the people and improve the science of the whole nation.cultureQuality, and promote economic development andsocietyThe important role of progress is well known.
“A Ten-Year Review” and the Advancement of China’s Legal Constructioninformation technologyRightCopyright protectionThe legal challenges that arise are roughly the same.
This review has great practical relevance
Judging from the specific content of this review, the main focus is on practical problems that urgently need to be resolved in highly focused judicial practice.
For example, the revision unifies the types of film works and “similar television works” to “audiovisual works”, which not only conforms to the current state of presentation of works in the “video age”, but also maintains the expression of “audiovisual materials” in the Civil Procedure Law. Connection, easier for the publicto accept。
new mediaH5, Flash and other publisher-created works no longer have to worry about being excluded from the scope of protection because they are not “created according to traditional methods of film production.”
The opening of concepts such as “audiovisual works” can effectively maintain the relative stability of the law during major changes in the form of communication and communication channels. This is a necessary review of the system infrastructure.
There are many bright spots in the new Copyright Law, which stem from widely accepted interpretations or conventions in judicial practice. For example, many institutional media and excellent self-mediators have suffered from unscrupulous media violation in the form of “transportation” and “laundering” for a long time.
Some also usedartificial intelligenceThe “manuscript laundering” model, like the news reports released by the monitoring agency’s media, was quickly “washed away” in the for-profit “hot searches” by way of “headlines” and other changes. Once revealed, the defense is based on “current news does not apply to Intellectual Property Law.” This revision changes “current news” that is not protected by the Intellectual Property Law to “simple factual news”. The wording is clear and precise, and is more in line with the needs of judicial practice.
The most essential characteristic of works protected by the “Copyright Law” is that they are “original”. Pure facts, such as basic explanations of time, place, people, events, and results, are not original. The law does not protect purely factual information, and the value lies in promoting dissemination andCirculation, To satisfy the right of citizens to know. However, “current news” is not the same as “factual news”, much less “unprotected”.
A lot of news reports have unique analytical commentary and narratives in addition to the basic facts. Many prominent reporters also have their own unique language styles and narrative methods. Reporter interviews should also be recorded and classified and placed in the news. In describing the facts, new works that reflect personal originality must, of course, fall into the category of “works” protected by the Copyright Law.
In fact, as early as 2013, the “Copyright LawRegulations“Article 5 clarifies the meaning of” current news “, that is,” simple factual news reported by newspapers, magazines, radio stations, television stations and other media. “
This review has turned this “applicable regulation”, proven in judicial practice over many years, into a legal provision, which is to be expected and also shows that legislators attach great importance to the protection of the copyright of journalistic works .
It is hoped that law enforcement agencies can seize this opportunity to increase the punishment for massive copyright infringement of news works through “handling” and “laundering” on the Internet.
The “punishment” feature really stands out
It is worth mentioning that this revision of the Copyright Law also abandons the principle of filling, adds a minimum compensation of 500 yuan, and increases the maximum compensation from 500,000 yuan to 5 million yuan. In determining the amount of compensation for infringement damages, the new “Copyright Law” clearly defines the license fee as the standard for determining the amount of compensation and clarifies the standard for doubling punitive damages from one to five times. This makes the “punishment” function of punitive damages truly prominent.
It can be said that China is in the knowpropertyIn protection practice, the protection of rights has been reducedcost, Increase the cost of the offense and increasebehaviorA majority consensus has been reached on the intensity of the punishment.
in”trademarklaw””Unfair competition lawAfter the introduction of punitive damages in laws such as the “Copyright Law”, and the maximum compensation limit has been increased to 5 million yuan, it can be said that this revision of the Copyright Law in terms of Punitive damages comes naturally.
Most of the highlights of this revision of the Copyright Act correspond toIntellectual propertySome weak points, deadlock points and difficulties in the field of protection and judicial practice, “moving” and “washing manuscripts” are only the tip of the iceberg among the chaos of many infractions.industryThe reason you can operate in black and white is not mainly because the legislation is not clear, but rather because the application of the law is not strict.
The revision of the “Copyright Law” makes the basis for the application of the law more scientific and operational. The new law will also remain relatively stable for a long period of time. To further curb infringements of intellectual property and create a legal atmosphere in which the entire society (including online and offline) dares not infringe and is unwilling to infringe, the joint efforts of a strict application of the law and fair justice.
(Source: Beijing News)
(Responsible editor: DF532)
I solemnly declare: The purpose of this information is to spread more information, and it has nothing to do with this booth.
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