Does news reprinting constitute infringement?

We often find that the same news appears on various websites. In this case, it can be said to be reprinted. For those news, we can’t even tell which part is original. So, is the reprinted news infringing? Hua Lu editor will tell you The relevant knowledge has been summarized for your reference. I hope it can help you.

Essentials for infringement

1. Illegal nature. The infringement referred to in the Copyright Law refers to the Behavior that violates the obligations stipulated in the Copyright Law and infringes upon the personal rights or property rights enjoyed by others in accordance with the Copyright Law. If the infringement of the property rights of others is directly based on the violation of contractual obligations, this behavior is usually only regarded as a breach of contract, and the perpetrator shall bear the liability for breach of contract.

2. Damage fact. There is an objective existence of damaging facts. Damage refers to behavior that causes property losses and mental harm to others. Damage is the objective consequence of illegal behavior. If an act is being planned and has not yet caused any harm, it does not constitute an infringement. For example, if a publishing house takes away an author's manuscript without authorization and prepares it for publication, but it is not published due to some subjective reasons, it does not constitute an infringement. However, if it has been published, even if a single book has not been sold, it should still be considered to constitute infringement.

3. Causal relationship. There is a causal relationship with the fact of damage. In other words, the performance of a certain act is the cause of the fact of harm. For example, Person B rewrites an article written by Person A into another article and submits it to a newspaper for publication without authorization. This act of Person B causes damage and therefore meets one of the conditions for infringement. If Person B just practices writing and rewrites an article written by Person A into another article without intending to publish it, and after being seen by the enthusiastic Person C, he recommends it to the newspaper for publication without authorization, Person C's behavior should be considered The fact that caused A's damage has a causal relationship. As for B's rewriting only for practicing writing, it should be within the scope of fair use and has no necessary causal relationship with the fact of damage.

4. Take responsibility. The person who commits the act is at fault, or although he is not at fault, he still bears civil liability in accordance with the law. That is to say, the actor knew the harmful consequences of the act when he committed the act, or should have foreseen it but failed to do so, or he had foreseen it and believed it could be avoided. For example, if a publishing house or individual knowingly knows that a certain work has copyright, or believes that it does not have copyright without any definite basis, and publishes the work without the consent of the copyright owner, such intentionality or negligence is a fault, and thus meets the conditions for infringement. .

Is the news reprinted?Constituting infringement

This issue must be judged based on the actual situation 1. The scope of news must be clarified. Not all materials appearing in newspapers and websites are news; 2. In what way is the excerpting carried out? Is the name of the original author indicated after the excerpt is reprinted? If the name of the original author is indicated and the website being reprinted does not state "reprinting is not allowed", then the excerpt can be reprinted; 3. I would like to make a suggestion. It is recommended to repost the excerpt on a government website or a relatively large website, indicate the source, or re-edit the news and upload it yourself.

There are two main types of web content sources - deep links and general links. "Deep linking" uses embedded framing technology to treat the content of the linked object as its own content. The source and URL of the linked object are usually not displayed. Deep linking is generally considered a copyright infringement. Currently, very few adopt this approach. "General links" are divided into two situations. One is that you can jump directly to the linked website by clicking on the title, fully displaying the original page content interface. This situation is the same as the search engine function and generally does not involve infringement issues. The other is to transcode and optimize the content of the original page, but the caching technology used only temporarily copies the original page. Whether it constitutes infringement is controversial. In addition, because advertisements and other content on the original website are blocked during the transcoding process, which affects the commercial profit model of the original website, it also faces the problem of unfair competition. "If the original web page is transcoded and optimized to make it suitable for APP reading, but without the permission of the other party or a cooperative relationship with the other party, it will constitute infringement. Specifically, it infringes the right of information network dissemination in copyright, that is, Providing works to the public through wired or wireless means, so that the public can obtain the rights to the works at a time and place of their own choosing."

Hua Lu editor reminds you, The Copyright Law stipulates that citizens, legal persons or non-legal entities with certain specific qualifications enjoy copyright or copyright-related rights and interests, and also stipulates that all others have the relative obligation not to interfere with it. The above is the relevant information summarized for you. I hope it can help you. This website is committed to creating an excellent legal consultation platform. If you have any questions, please feel free to consult with a lawyer.