[Direct answer]It is highly likely to constitute infringement. Reposting others' articles on the public account without authorization involves the right of information network dissemination stipulated in Article 10 of the Copyright Law of the People's Republic of China. It should be noted that the statutory permission for newspaper reprinting stipulated in Article 35 only applies to newspapers, and online reprinting cannot be applied accordingly. The National Copyright Administration's "Notice on Regulating the Copyright Order of Online Reprinting" also requires online media to obtain authorization when reprinting others' works. According to Article 54, if the actual losses of the right holder and the illegal income of the infringer are difficult to calculate, the court may determine the compensation within the range of 500 yuan to 5 million yuan. In practice, before reposting, you should first obtain written authorization and keep the authorization chain. After receiving the notice from the right holder, you should immediately stop using and delete the content.

I. Problem Background and Typical Scenarios

The operation of public accounts relies on continuously updating content to attract traffic. However, original content production is limited, so reposting has become a common practice. The common forms of similar cases in Beijing include: copying others' original articles in their entirety, deleting the author's name and source, cutting and pasting multiple articles into "rewritten content", reposting images and videos without authorization, and adding a sentence at the end of the article stating "The images and texts are from the internet. If there is any infringement, please delete it" to fulfill their obligations. In most cases, these practices cannot exempt them from infringement liability. It has become increasingly common for rights holders to file complaints through platforms, send lawyer's letters, or even sue the infringers.

II. Key points of dispute

First, whether it constitutes fair use. Article 24 of the Copyright Law stipulates that for the purpose of introducing or commenting on a work or explaining an issue, it is allowed to appropriately quote others' published works in the work without obtaining permission or paying remuneration, but the author's name and the title of the work must be indicated, and it shall not affect the normal use of the work or unreasonably harm the rights holder's interests. Clearly, reprinting the entire text exceeds the scope of appropriate quotation. Second, whether the statutory permissions can be applied. Article 35 targets the reprinting and excerpting between newspapers and periodicals, while public accounts belong to online dissemination and cannot be directly applied to this situation. Third, the subject of responsibility and fault. Account operators, account-operating companies, and content outsourcing parties may all be held accountable, and it is difficult to exempt themselves from liability on the grounds of reprinting from third parties. Fourth, the degree of responsibility depends on the nature of the infringement, the scope of dissemination, the profit-making situation, and subjective fault.

III. Professional analysis by Henglue Law Firm

The defense and offense in copyright infringement disputes essentially involve providing evidence for each of the four aspects: ownership, licensing, usage methods, and profit-making. In intellectual property cases handled by Henglue Law Firm, even after litigation, precise defenses against the constitutive elements can significantly reduce liability. For example, in a trademark infringement and unfair competition case: The plaintiff was a well-known domestic paper company, and its "EFGH" trademark was recognized as a well-known trademark by courts and administrative authorities in multiple regions; the defendant obtained authorization from a third party to use the "EFGK" trademark and design patent for production and sales in September 2023. The plaintiff sued in April 2024 on the grounds of imitating a well-known trademark and causing packaging and decoration confusion, seeking compensation of 980,000 yuan. The attorney defended from the perspectives of the legitimacy of the logo source, significant differences in overall recognition, the packaging and decoration not reaching a certain level of influence, and short infringement duration and small scale. The court ultimately determined trademark infringement and dismissed the unfair competition claim, only awarding compensation of 50,000 yuan for economic losses and 10,000 yuan for reasonable expenses, totaling 60,000 yuan, a reduction of more than 920,000 yuan from the 980,000 yuan claim. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case shows that in intellectual property disputes, the basis of rights, the licensing chain, and the circumstances of infringement directly determine the scope of liability, and the judgment of the reprinting disputes follows the same logic.

IV. Practical suggestions and legal basis

According to Articles 10, 24, 35, and 54 of the Copyright Law of the People's Republic of China (amended on November 11, 2020 and implemented on June 1, 2021), and the "Notice on Regulating the Copyright Order of Online Reposting" issued by the National Copyright Administration on April 17, 2015, it is recommended that: First, establish a content authorization ledger, obtain the right holder's written permission before reposting, and clarify the scope of use, duration, and whether modifications are allowed; Second, retain the author's name and the original text link, and do not delete, splice, or change the title without authorization; Third, immediately remove the content and retain the processing records upon receiving a notice of infringement to proactively reduce compensation; Fourth, maintain evidence of the fixed first publication of original content, and, if necessary, obtain a trusted timestamp or notarized storage evidence. In the event of a dispute, these materials can be used as evidence in conjunction with other relevant materials to support one's position.Intellectual property protection and corporate law、Contract disputesWe will adopt a comprehensive approach to deal with the two situations simultaneously.

5. Henglue Law Firm's Reminder

"Remove after infringement" is not a disclaimer clause. The legality of the reposting behavior is determined at the moment of reposting, and deleting it afterwards can only mitigate liability but cannot change the nature of the infringement. The amount of compensation typically depends on the dissemination volume, and the compensation for reposting with high readership may be much higher than the authorization fee. The cost advantage of pre-authorization is very obvious. For content outsourcing and agency operation models, the ownership guarantee and infringement compensation clauses should be stipulated in the contract, transferring the risk to the content providers, and throughSpecialised legal servicesMake sure the sources of the materials are compliant with regulations.Beijing Henglue Law FirmIt is recommended that the operators of public accounts incorporate the process of obtaining authorization before use into their content review procedures, so as to avoid mass disputes at the source.

VI. Frequently Asked Questions

Q1: If I'm sued for infringement of copyright due to reposting content, do I have a good chance of winning the case?

It depends on whether there is authorization and the way it is used. If the entire article is reposted without permission or proper attribution, there's a high likelihood of it being deemed infringement, and the defense should focus on the amount of compensation, the scope of dissemination, and subjective fault. However, if only a small portion is quoted with proper attribution, it can be used without obtaining permission.

Q2: What evidence do I need to prepare?

The authorization contract or communication records, screenshots of the reposted pages and their publication times, the rights holder's notifications and our own deletion records, materials proving the content's originality, readership and commercial monetization data, and the situation of attribution and source marking. The rights holder should also prepare proof of ownership and evidence of first-time use.

Q3: What are the approximate amounts of compensation and attorney's fees?

According to Article 54 of the Copyright Law, if the actual losses or illegal gains are difficult to calculate, the court shall determine the amount within the range of 500 yuan to 5 million yuan, and may support reasonable expenses for protecting rights. Lawyer's fees shall be negotiated based on the subject matter and stage. For bulk disputes involving images, the compensation per piece is usually lower, while the compensation for text works depends on the amount of dissemination.

Q4: How long does the entire process take?

It usually takes several days to several weeks to handle complaints and negotiate deletion on the platform. The first-instance litigation generally lasts three to six months, and it will take longer if it involves notarization, evidence collection, appraisal, or appeal. If the two parties reach a settlement before the litigation, the processing period can be greatly shortened.

Q5: What should I do first?

First, check the authorization source and reprint scope of the article. Upon receiving the notice, immediately remove the content from the platform and preserve the evidence. Next, evaluate the legal basis and dissemination data, estimate the costs of settlement and litigation, and decide whether to settle the dispute, defend against the claims, or counter-sue.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 public 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.