The Alienation Between Multiple Copyright Subjects and"Special Duty Works":A Micro-Observation Based on"Oral News"
The third revision of the Copyright Law clarifies that the nature of new works is far more than"mere factual information"and categorizes them as"works of special function",which strengthens the copyright rights of the institutional media in the circulation of news works.However,the reality of multiple subjects participating in the creation of news works may dilute this legislative intent.For example,in oral journalism,there exists the needs to distinguish from"acts within a work"and"acts of creation of a work"based on the labor of originality.The oralist may have the status of co-author on an equal footing with the reporter,and signing his or her name in the byline of the story also reinforces the effectiveness of copyright in this capacity.In the meanwhile,the oralist may also have the status of co-author of the work.Thus,the oral narrator breaks the reporter-media binary subject structure,dismantles the expectations of news media to obtain the complete copyright based on the"special duty works",but the tradition of journalism practice and public attributes belong to the media,which makes it difficult to reach a commission agreement with them.In the context of media convergence,the phenomenon of multiple subject participation has become common.In the future reform,copyright laws and regulations should consider news media as authors to accommodate the changed reality and balance copyright protection and ownership as well as public interests in news communication.
news workcopyrights subjectspecial duty workoral journalismbeing considered as author
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