Weibo era emerges copyright shadow operator or equally responsible

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Forwarding Weibo may also constitute an infringement of copyright. Yesterday, Beijing Haidian District People's court based on several recent micro-blog infringement of copyright cases, gave two micro-blog copyright infringement criteria: First, the forwarding should be subjective in the "obvious" malicious, and the second is forwarding behavior should happen "obvious" consequences. At the same time, the Court pointed out that once the infringement, micro-blogging operators should also bear the corresponding legal responsibility.

Micro-fiction, micro-prose, micro-fairy tales, micro-poetry ... With the promotion of micro-blog, the relevant new literary style followed; at the same time, in this year's national "two sessions", the delegates and members began to publish their own proposals through micro-blog, many people's livelihood related to the bill was immediately transmitted by netizens, However, whether the forwarding of Weibo is suspected of infringement has also become the focus of legal circles.

"Micro-bo propagation speed is very fast, and there are forwarding phenomenon, micro-bo forwarding in the display of the original post content at the same time show the original sender nickname, and original posts there is a clear difference." "Haidian Court Judge Wu Chrmen told reporters that the main function of Weibo is information sharing, although this kind of forwarding is consistent with the rules of the game, but from a legal point of view, there is an explicit prohibition of" direct reference "behavior in copyright law.

According to the relevant provisions of the copyright law, the copyright owner has the right to publish, copy, information Network and protect the integrity of the works. Without the permission of the copyright owner, the other person shall not infringe the copyright by direct Reference. "Because only in official use, personal learning, scientific research, classroom teaching, etc., users can be legally exempt." In accordance with the provisions of copyright law, the direct use of other people's works on micro-blogs, if the reference part of the works of others, such as micro-literature, or other works of the real part, there is the risk of infringement of copyright. Wu Chrmen said that the rationality of Weibo is more to share rather than to create, so the general infringement should be based on the principle of the sharing of micro-bo exemption. However, when the forwarding person has subjective malice or the obvious consequences, will be recognized as copyright infringement.

Xia, a lawyer at Beijing Chaifu law firm, believes that Weibo is the author's own written work, whether published in the press or on the Internet, should be protected by copyright law, others should be in line with the principle of profit not to forward micro Bo, if the author of the microblogging works of the forwarding restrictions, others should also respect the author's request. "With the popularity of Weibo, the future is very likely to trigger copyright disputes, so forwarding behavior should be prudent." ”

It is worth mentioning that Wu Chrmen stressed that if the copyright infringement caused by micro-blog, it can not evade the legal liability of micro-blogging operators. "According to the law, network users use network services to implement infringement, the infringing person has the right to notify the network service provider to take the necessary measures such as deleting, shielding, disconnecting link, etc., the provider receives the notice or knows that the network user uses its network service to infringe the civil rights and interests of others, fails to take necessary measures, and the network user undertakes joint and several liability. (reporter Li Zijun)