微信著作权法律保护研究

Research on Legal Protection of We Chat Copyright

微信(wechat)具有通讯和信息发布等多种功能。微信公众号传播的直接内容是作品,腾讯公司及用户(公众平台用户和一般用户)依法负有保护著作权的义务。腾讯公司针对知识产权保护的"投诉机制"和"原创声明"功能,虽有成效,但有诸多不足。应当完善技术保护措施、加强行业自律。此外,国家应当将微信著作权保护纳入行政监管范围,同时完善相关法律制度。

WeChat has many functions, such as communication and information publishing. The direct content of the WeChat public number is works. As for the protection of copyright in information publishing, Tencent and users have corresponding obligations according to law. As a big housekeeper of WeChat, Tencent plays an important leading and normative role in copyright protection. Its consciousness of taking the responsibility of copyright protection should be strengthened. Although the practice of “ complaint mecha-nism” and “original declaration” for the protection of intellectual property rights by Tencent is effective, they have many shortcomings. Tencent should improve technical protection measures and strengthen industry self-regulation. In addition, the government should bring the copyright protection of WeChat into the scope of administrative supervision, and at the same time, the relevant legal system should be improved.