[Direct answer]In the Beijing area, reposting others' articles without authorization on public accounts usually involves infringing the right of information network dissemination in copyright law. According to Article 10 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), copyright holders enjoy the right of information network dissemination, which means providing works to the public by wired or wireless means, so that the public can obtain the works at the time and place of their choice; providing works to the public through information networks without authorization constitutes infringement. Whether exemption from liability depends on whether it falls within the scope of fair use as stipulated in Article 24, such as appropriate quotation for introduction or commentary, or unavoidable reproduction for reporting current news, etc., and it shall not affect the normal use of the works or unreasonably infringe the legitimate rights and interests of the right holders. Therefore, before reposting, it is necessary to obtain authorization or confirm that it falls within the scope of fair use. Indicating the source and attributing the author does not necessarily exempt from infringement liability. Whether it constitutes infringement needs to be judged comprehensively based on the type of work, the purpose of use, the proportion of use, and the impact.

I. Problem Background and Typical Scenarios

The risk of plagiarism in content operation is quite common. Typical cases include: directly copying others' articles and publishing them without authorization by simply indicating the source; deleting and editing others' articles and then publishing them; plagiarizing images and photographic works without permission; using others' articles for commercial promotion or traffic monetization; plagiarizing the same author's works in large quantities under the guise of sharing; and failing to delete the content after receiving a notice of infringement from the rights holder. When handling such disputes in Beijing, lawyers usually first determine the nature of the work and the mode of use.Intellectual property protection and corporate lawIn business, whether it exceeds reasonable use or whether it generates profits is a common point of contention.

II. Key points of dispute

The first focus is whether the reposted content constitutes a work within the meaning of copyright law. The second focus is whether the rights holder has granted authorization. The third focus is whether it falls under the circumstances of fair use. The fourth focus is whether it is used for commercial purposes and profit-making. The fifth focus is whether indicating the source and attribution can exempt from liability. The sixth focus is whether deleting or altering the content infringes the right to protect the integrity of the work. The seventh focus is whether deleting the content can mitigate or exempt liability.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm reminds that the core of reprinting compliance is the review of authorization and the purpose of use. Firstly, it is necessary to determine whether the content belongs to a protected work. News facts themselves are usually not protected, but the original expression of facts, pictures, and photographic works are generally protected by copyright law. Secondly, whether authorization has been obtained is crucial. Obtaining written permission or authorization through collective management organizations or copyright platforms can effectively reduce risks; simply indicating the source does not equal obtaining permission. Thirdly, the scope of fair use is limited. For appropriate citation for introduction and commentary, or inevitable reproduction for reporting current news, it must be within necessary limits and not affect the normal use of the work or infringe the legitimate rights and interests of the right holder. There is even less room for defense in commercial use. Fourthly, deleting and editing articles or splicing them together may simultaneously infringe the right to modify or protect the integrity of the work, which carries higher risks. Fifthly, after receiving a notice of infringement, it is necessary to verify and delete the relevant content in a timely manner and keep a record of the processing, which can to some extent reflect subjective goodwill, but generally cannot completely exempt from the infringement liability that has occurred. Taking a case of intellectual property dispute handled by Liu Yuanyuan, a lawyer of our firm, as an example: the plaintiff claimed high compensation on the grounds of imitating well-known trademarks and packaging decorations to cause confusion. The lawyer organized defenses around the basis of rights, whether it is similar, and the circumstances of infringement, and finally the compensation was greatly reduced from 980000 yuan to 60000 yuan. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that accurately grasping the constituting elements and providing sufficient evidence of the infringement in intellectual property disputes have a significant impact on the outcome.

IV. Practical suggestions and legal basis

Action recommendations: First, verify the ownership of the work and obtain authorization before reposting, and retain the license certificate; Second, when it is necessary to quote, keep it within the necessary limits and indicate the name of the work and the author; Third, avoid deleting, modifying, or splicing others' works; Fourth, establish a content review and infringement notification response mechanism; Fifth, verify, delete, and keep records promptly after receiving the notification. Legal basis: Article 10, Article 24, Article 52, and Article 53 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021); the provisions on notification and deletion in the Regulations on the Protection of the Right of Dissemination on the Internet (amended on January 30, 2013). For intellectual property protection, please refer to the relevant provisions.Intellectual property protection and corporate lawThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, online reposting usually involves the right to disseminate information on the Internet. Secondly, indicating the source does not equal obtaining authorization. Thirdly, the scope of fair use is limited and subject to strict restrictions. Fourthly, there is less room for defense in the case of commercial use. Fifthly, upon receiving a notice, one should promptly verify and handle it. For issues involving intellectual property protection, you can seek assistance through the following channels:Intellectual property protection and corporate lawConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: Will it constitute infringement if I indicate the source when reposting someone else's content?

There may still be infringement. Signing and indicating the source are a manifestation of respecting the right holder's moral rights, but they cannot replace authorization. Providing works to the public through information networks without permission may infringe the right of dissemination on information networks, unless it falls under fair use. The compliant approach is to obtain authorization in advance or strictly control the scope of fair use.

Q2: Under what circumstances is reposting considered fair use?

This includes situations such as making appropriate citations for introductions or comments, or unavoidably reproducing news reports, provided that it does not affect the normal use of the work or unreasonably harm the legitimate rights and interests of the rights holders. The scope of fair use is limited, and commercial use, full-text reprinting, or extensive use are generally difficult to qualify as fair use. Therefore, careful judgment is required in such cases.

Q3: What should I do if I'm accused of infringement?

First, verify the content of the complaint and the ownership of the rights. If there is a risk of infringement, promptly remove or take down the relevant content and keep the processing records. At the same time, assess whether it is necessary to communicate and negotiate with the other party. If the other party demands compensation, you can explain and defend against the claim based on the scope of use, whether there is any profit, and the degree of impact. If necessary, you can hire a professional lawyer to handle the matter.

Q4: Is reposting pictures also considered infringement of copyright?

Yes. Images and photographic works are generally protected by copyright law, and using them without permission may constitute infringement. Images with unknown sources or without authorization carry higher risks. It is recommended to use licensed image libraries or obtain authorization, keep the authorization certificates, and avoid downloading them randomly from the internet for content publication or commercial promotion.

Q5: What will happen if I ignore the infringement notice I receive?

It may increase the liability. If the network service provider fails to take necessary measures in a timely manner after receiving the notification, it may bear corresponding responsibility for the part of the damage that has been exacerbated; if the content publisher knows about the infringement but still fails to deal with it, his subjective fault and the amount of compensation may be increased. It is recommended to verify, delete and save the processing records in a timely manner. For more information, please refer to the relevant provisions of the Civil Code of the People's Republic of China and the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China.Intellectual property protection and corporate law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.