There are risks in reprinting from the media, so please be cautious.
Published:
2018-12-14
With the rapid development of the Internet era, the dominance of traditional media such as paper media, radio and television has been broken. We-media such as WeChat public accounts, headline accounts, and Weibo are in the ascendant. Enterprises, institutions and even individuals, including traditional media, are now It is popular to publish articles and information through their own self-operated public numbers.
In recent years, the author has come into contact with several cases of suspected infringement from the media of several consulting units, most of which are infringement disputes caused by reprinting other public numbers or quoting other people's copyrighted pictures, words or multimedia film and television works without authorization in their own articles. Mainly:
1. right holders file their own rights lawsuits.
Some financial, real estate and news public numbers or big V proprietary numbers are well-known and of good quality. They have a large number of fans. Most of the published articles have been marked with tips such as "no forwarding without permission" or "please contact the backstage if forwarding. If the editors reprint the above articles without permission in order to increase the number of visits to this public number, then the author of the article (the right holder) is likely to come to the door and ask for the deletion of the reprinted article and compensation for the loss. If the source is not indicated or signed at the time of reprinting, the right holder may also demand a public apology for violating personal rights.
2. a "professional plaintiff" who files a lawsuit in his own name after obtaining the authorization of multiple public numbers"
At present, professional companies or individuals have obtained the legal authorization of various well-known writers or public numbers on the right of information network dissemination, and in their own name, they have filed civil lawsuits for infringement of the right of information network dissemination without legal authorization., And demand compensation. Through the inquiry of the judgment document network, the incidence of such cases is relatively high, and the court generally supports the litigation request of the "professional plaintiff", searches for the "successful recruit" on the whole network, and then files an infringement lawsuit to obtain compensation, which has become a "professional plaintiff". The main source of income. In view of the existence of such professional companies, the breadth, depth and efficiency of filing infringement lawsuits have been greatly improved ".
3. lawsuit brought by the right holder, mainly represented by the picture, against the unauthorized use of the copyrighted picture in the original article.
In the past two years, the defendants sued by professional photo companies have expanded from publishing houses, newspapers, cultural companies and other fields to enterprises or individuals with public numbers and generally weak awareness of copyright law. If the editor has worked so hard to edit an article and searched the Internet for suitable matching pictures in pursuit of beauty but does not review the legal source of the pictures, then congratulations, the perfect "into the pit. Because professional picture companies will hang pictures of various categories on the Internet, waiting for you to infringe, and then file a lawsuit for compensation. At present, picture infringement cases account for the highest proportion of such cases, and the amount of compensation awarded by the court generally ranges from 600 to 3000 yuan per picture (including reasonable rights protection fees). If dozens of photos are selected in an article, the result can be imagined.
Similarly, in addition to pictures, music, text and film and television works also need to have legal authorization, otherwise it is easy to "into the pit.
4. without permission, although the reprinted article contains pictures legally authorized by the copyright owner, the reprinting also infringes the copyright of the right holder
Small editors sometimes choose articles from public numbers of well-known newspapers and magazines to reprint. The author boldly guesses about the psychological activities of small editors. State-owned news organizations have no time and energy to come to the door to sue. The pictures in the reprinted articles are generally legally authorized, which will be safer. However, according to the case recently handled by the author, although the pictures in the reprinted article are legally authorized, if they are reprinted without permission, they will still be recognized as infringement by the court, because the pictures of the right holder without permission have already infringed the copyright of the right holder.
As long as it is a public number for commercial purposes, even if there is no profit, it will be targeted, not to mention the better efficiency of the unit. Therefore, the small editors of public numbers must strengthen their awareness of intellectual property infringement and choose works with legal sources.
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