Find the balance point in the implementation of the new "Copyright Law"
August 25, 2021 09:39 Source: "China Social Sciences", August 25, 2021, Issue 2237 Author:

June 1, 2021,The newly revised "Copyright Law" (hereinafter referred to as the new "Copyright Law") is officially implemented。New "Copyright Law" Modified after many years of discussion,The ultimate formation is a consensus from all walks of life at the present stage、Legislative legislation reflected in the largest convention,It focuses on solving important issues that are related to the development of copyright industries and cultural construction in the new development stage of my country,Vigorously strengthened copyright protection,Posted with effective law enforcement measures,Fully reflects respect and encouragement of original、The spirit of protecting innovation。

At the same time,Some controversial focus of technological development and application and industrial interests in the process of revision,In particular, it belongs to the interpretation of legal concepts and applicable to legal rules,The new "Copyright Law" has not been directly regulated,Instead, the supporting regulations and judicial interpretations that are handed over to the law for the implementation of the law for specific specifications and guidance。For example,The impact of the concept of "originality" in the definition of the work on the application of the bottom of the work after expansion,The concept of the type of audiovisual works and the understanding of corresponding rights rules,Establishment of Restrictions and Exceptions (Related to Reasonable Use) Terms of Passing in the Terms of Passing,The content of each right and terms after the expansion of the radio organization's right to expand,All need to be further clarified and clarified,strive to establish the purpose Bet365 app download of the "Copyright Law",In the creator、Commander、The best balanced legal implementation mechanism is obtained between the public。

Restrictions are the most important balance mechanism in the field of copyright。New "Copyright Law" Article 24 can be understood as a semi -open reasonable use system,In addition to the 12 specific circumstances listed in legislation for a long time,Added the 13th "Law、Other situations stipulated in administrative regulations "as the bottom; for the 13th item,In fact, it can only be given clear specifications through laws and regulations,and it is difficult to make breakthroughs by justice。Look at the experience of outside the domain,The exceptions of legislation of various countries have a very detailed rule for the exception of copyright protection,There are more specific situations listed,helps reduce uncertainty in judicial applications。Of course,The New "Copyright Law" also adds exceptions to technical measures in addition to Article 24 (Article 50),But in general,At present, the new "Copyright Law" is not sufficiently listed in the reasonable use、How to play the terms of the bottom of the pocket is not clear enough。To facilitate the balance of the interests of all parties in the implementation of the law,References to more mature experience in external legislation and practice,Refine the concept that conforms to the concept of reasonable use、Specific situation with consensus,Supplement of regulations as rights restrictions and exceptions。For example: first,For sales、Fix art、Photography、Copy and use the original building works; second,Audiovisual works、Occasionally or attached use in the production of recording and video products; third,For a unified test for the country; fourth,Non -profit teaching and scientific research is replicated for data information analysis; fifth,funny imitation、bet365 Play online games Comic ironing; sixth,Temporary replication that cannot be preserved。

The "second creation" phenomenon that controversy before and after the practice is examples。"Two Creation" is not the legal term of the Copyright Law,In the field of literature and art, it usually refers to the use of other people's original works to engage in re -creation; these behaviors are implemented without permission,The legal nature may constitute a copy of the pair、Adapted、Translation、Performance、Broadcast、Evidence of the rights of information network communication,It may also belong to appropriate reference、Comments、Drama imitation、News reporting and other exceptions to infringement,Specific needs to be judged according to the case。The core controversy of "Second Creation" in practice is whether an unauthorized use method is infringement or reasonable use。Reasonable judgment has always been a key difficult problem in the implementation of the Copyright Law,This problem has caused fierce debate with the rise of the short video industry。Other people's text in short video production、Music、Art、Audiovisual and other works,What is the legal nature of the behavior called "second creation" in this industry,Recently, the wide spread of various short videos made by using audiovisual works in online social media has further attracted attention and response。

April 9, 2021,More than 50 film and television companies、Five long video platforms and film and television industry associations issued a joint statement,Call for editing without authorization shall not be implemented for related film and television works、Cut strip、Moving、Communication and other infringements; April 23,More than 500 artists issued a statement again with more than 500 artists,"No" for infringement behaviors。These statements show that there are a large number of suspected infringement in the short video field in my country Bet365 app download at this stage,It may trigger the next step of law enforcement and judicial agencies' focus on this field,So short video producer and communication platform need to increase copyright awareness,Take measures to eliminate or reduce infringement risks,Cultivate innovation ability at the same time,Pay attention to the production and communication of original short videos to ensure the sustainable and healthy development of the industry; on the other hand,,If you understand "Strict Protection" in the theory and practice、The "second creation" behavior is classified as an infringement,It may also cause a reasonable use system as an important balance mechanism in the Copyright Law and Lost the possibility of application,Causes obstacles to the legitimate and reasonable re -creation of subsequent and reasonable creation,thus affecting the sustainable development of cultural innovation and industry。

In practice,Despite the time due to time,In the production of short video production, part of the audiovisual works that use other people's audiovisual works does not constitute typical replication and dissemination,But the so -called "cut strip、Moving、Look at it、Compilation "and other methods,If its essence is to divide the original work and upload it in portions、The original substantial or core content of the original work,It constitutes infringement。Generally speaking,Appropriate quotation of other people's works or fragments as a material to explain the new theme of the creator,Constituted reasonable use,The premise is that there should be a new、Different from the new works of the original work; only the main content of the main content of the film and television works of only two sentences of comments or string words,It may exceed the appropriate limit,Constituted adaptation、Compilation and other behaviors that need to be obtained in advance。The common film bet365 live casino games and television explanation short video constitutes an infringement: the overall content of the video is based on copying film and television works fragments or core plots,Simple plot introduction is difficult to constitute new works with originality; in other words,Evaluation、The comment itself should constitute an original work,Short video works as a whole contributed new intellectual achievements and knowledge to society。Given that the law does not have a clear rule,In practice, appropriate references can be regarded as a reasonable limit and scope,Generally judged according to facts and practice。

For example,Thesis works that meet academic moral norms,Introduction、Quoting the copy ratio of others' works usually does not exceed 15%、Music works generally do not exceed two sections,But this is not suitable for film and television works。Because the latter's creative process is complicated,Even the tidbits、fragment,You can also include director、Actor、Music、Comprehensive elements of works such as art and other works,and it will also form a "spoiler" and other adverse consequences of marketing for rights holders,Exceptions of infringement as usual。For short video producers,Can't take it to whether it is reasonable to use,It can be applied to the anti -push method of "body place",Imagine "If it's my work,Am I willing to let others use it like this? "

Mixing the industry in the industry、Short video such as ghosts and animals,If the fragment of other people's works is used as the material,Not to introduce the original work,but some new themes and thoughts that the producers clearly want to express,"Second Creation" formed a new video work that is obviously different from the original work,It may constitute a reasonable use,The typical situation of this kind of behavior is the imitation。Drama imitation as an exception of infringement,Different from traditional literary bet365 best casino games reviews,The legislation of the US Jurislation Law and the EU most countries as a separate reasonable situation。It is clear that the purpose of using other people's works to use other people's works is exempt from infringement.,Comedy、Funny itself can promote more cultural expression of multimedia form,Especially in the tight network era、Modern Society。

At the same time,Drama is loved by consumers,can also become a big business,The realization of traffic is increasingly important for economic development。It is because of the creation of the play to the economy、Social and cultural development is good,The British, which has a regular legal law, finally established the infringement exemption rules in the form of legislation,In order to reduce unnecessary constraints for "second creation",Support the development of creative industries,Ensure that the expression of freedom of the daily activities of netizens。Of course,As a reasonable use,The main benefit of the drama should be the creativeness of those individuals on the Internet on social media、Non -injury Daya、The method of using other people's works as a funny assistance; if it is a typical commercial operation,For example, organizational creation and dissemination of such works specifically for profit、Consumers need to pay fees to click to watch、Platform with creators and uploaders profit sharing,It may be difficult to constitute reasonable use,The business model used to obtain a package permit in advance is the best solution。

"Copyright Law" is the intellectual property law with the most close relationship with the public society and the national cultural construction。A sound legal system of Copyright Law,To promote socio -economic culture,Especially the development of the creative industry is important。my country's new "Copyright Law" actively responds to technology development,Vigorously strengthened the protection Bet365 app download of the right holder,It should also be introduced more elastic、Flexible and reasonable use rules,Make law enforcers and stakeholders in the implementation of laws can be based on facts,Determine that the damage caused by the rights of the rights and the benefits of the social, cultural and economy is the weight.,Increasing rights protection、Encourage innovation,Take into account the interests of the use of works and the public,Provide institutional guarantee for promoting the prosperity and development of socialist culture。

 Bet365 lotto review

Editor in charge: Zong Yue
QR code icons 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com An Bei 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building 1, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026