Together with the legal issues and thinking brought about by the media's copyright infringement dispute

【case】

On May 18, 2022, an information company in Xi'an complained that it was authorized by the author Fan Mou to publish a manuscript on May 23, 2021, which was reproduced by Baoding media company. It belongs to Fan's copyright that violates Fan's copyright, and then sued to ask for compensation for 10,000 yuan.

【Hearing】

On June 24, 2022, the People's Court of Baoding High -tech Industrial Development Zone conducted a public trial in accordance with the law. In the court, Chen Shaoyong, a member of the Chinese Law Society of the Chinese Law of the Chinese Law of the Chinese Law of the Chinese Law of the defendant, believes that the plaintiff's subject is not qualified first. Article 58 of the Civil Procedure Law clearly stipulates that the following personnel may be entrusted as litigants: lawyers, grass -roots legal service workers; close relatives or staff members of the parties; citizen. According to this, the authorized agreement signed by the plaintiff's information company with Fan Mou is essentially a disguised commission litigation agent, which is not in vascular subject. Secondly, according to the "Copyright Law", copyright refers to the rights enjoyed by literature, art and scientific works. Essence At the same time, in accordance with Article 18 of the "Regulations on the Management of Internet User Public Account Information Service Management", public account production and operators shall not provide services such as Internet news information and publishing and publishing services without permission or surpassing the scope of the license. Report. Therefore, the articles involved in the case published by a certain person are illegal works and should not be protected by law. Third, the first news platform was published by a news platform on May 22, 2021, and was originally created as a news platform. The work involved in the case belongs to Fan Mou's second processing "draft washing". It was published on May 23, 2021. It is not original and has no copyright proof. Therefore, it should not constitute copyright infringement, and it should be rejected by the plaintiff's prosecution of an information company in Xi'an.

【Cover】

On July 25, 2022, the plaintiff's information company in Xi'an applied for withdrawal, and the court ruled that.

postscript

With the advancement of science and technology, the rapid development of the Internet has occurred since its birth in the form of media communication, and it has occurred in copyright infringement disputes. In this way, the author reminds the majority of self -media operators to strengthen sufficient copyright and legal awareness. When paying attention to the content and works, do not infringe on the legal copyrights of others and regulate their own creative behavior.

At the same time, we hope to attach enough attention to the current claims. The national protection of intellectual property rights is the legitimate right of protecting the right holder, thereby protecting the prosperity and progress of the cultural market. However, if you are used as "crooked" and become an industry that uses the name of power as the name, it will hinder the spread of knowledge and culture.

(Chen Shaoyong)

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