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最高法修改著作权民事纠纷司法解释，增强可操作性_我的网站

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          Stillwater Prison still on lockdown, but crisis resolved after 100-plus inmates refused to go back t                        

                       

        

    

    

The Minnesota Department of Corrections says an emergency situation at a state prison has been resolved after roughly 100 inmates in one living unit refused to return to their cells Sunday morning. Inmates, however, could remain on lockdown through Tuesday.Police, firefighters and other emergency teams rushed to the Stillwater prison after it was placed on emergency lockdown at about 8 a.m. local time, the department said. The prison is located in the city of Bayport, about 25 miles east of Minneapolis.       All staff were removed from the common areas of the unit that was taken over, and two correctional officers remained in the unit's secure control area, staying "in constant communication with facility command personnel during the incident." Department spokesperson Andy Skoogman said no one was hurt, and "the situation was calm, peaceful and stable throughout the day."                 "The majority of the time the incarcerated men who did not return to their cells were at tables that are in the commons area playing cards, talking with one another. There was never any type of violence throughout the incident at all," Paul Schnell, Department of Corrections commissioner, said in a Sunday afternoon news conference.  The majority of inmates in the unit, which is between 220 and 250 men, had returned to their cells when originally ordered, Schnell alleged.He said the situation ended at about 3 p.m., when only two inmates were left refusing to go back to their cells. The two were brought to a segregated unit, and will go through a disciplinary process.

             

Skoogman blamed the unrest, in part, on inmates' frustration with a decision to change cell release schedules during Labor Day weekend, which limited the inmates' access to phones, recreation and showers. Skoogman said that change was due to "staffing challenges." He also refuted a claim that inmates lacked access to clean water.                       Inmates are usually given several hours a day during the weekend for recreation, Schnell said, but the holiday-related staff shortage dropped that amount of time to just a single hour. Overall, free time has been cut down by more than half for inmates amid the current staffing issues, he added, disclosing that the prison is short about 50 officers.   "The more staff we have, the more we can open up programming, which is exactly what the concerns of incarcerated people are," Schnell said.  In a statement Sunday afternoon, AFSCME Council 5, which represents Minnesota correctional officers, said that understaffing was to blame for the incident.  Schnell said the 120-year-old facility is not climate controlled and its windows "have many challenges." He added that the department is doing studies to determine how to update the facility, and he expects that a bonding request will eventually be submitted to the Minnesota Legislature.In total, about 1,200 inmates are at the facility just southeast of Stillwater, according to department records.  "Grateful the incident at Stillwater Prison has been resolved and no one was injured," Minnesota Gov. Tim Walz posted on social media. It was a day of uncertainty for Marvina Haynes, who was unable to communicate with her brother, Marvin.                      "It's been very emotional, very terrifying," Haynes said.She alleged the men were protesting their movement being restricted. She also said their access to clean drinking water in the hot prison has been limited."The jail told us that everything ended peacefully, but we're not sure of that because we still haven't had the opportunity to speak with anyone from the prison," she said.In 2018, the facility was the site of an officer's murder. Officer Joseph Gomm was beaten to death with a hammer by inmate Edward Johnson.                                 

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• Minnesota
    

。    　　讯 8月20日，最高人民法院发布《关于修改〈最高人民法院关于审理著作权民事纠纷案件适用法律若干问题的解释〉的决定》（法释〔2026〕18号，以下简称《决定》）。《决定》于2026年5月25日经最高人民法院审判委员会第1976次会议通过，自2026年9月1日起施行。　　《决定》坚持严格保护知识产权，坚持依法解释和问题导向，针对著作权司法实践中的作品发表认定、合理使用的边界、报刊转载法定许可的范围等重点难点问题，进一步细化和完善法律适用标准，统一案件裁判尺度，增强司法解释的可操作性，为当事人提供明确诉讼指引，为市场提供明确行为预期，确保著作权法的正确实施。　　一是进一步明确“公之于众”的认定标准。删去原司法解释第九条中“著作权人自行或者经著作权人许可”的限定，将“公之于众”明确为将作品向不特定的人公开，但不以公众知晓为构成要件。主要考虑是，目前知识产权理论界和司法实践均认可，作品因他人侵权行为而被公开也属于公之于众。　　二是进一步细化合理使用的适用规则。

B | 将原司法解释第十八条规定的“室外公共场所的艺术作品”修改为“公共场所的艺术作品”，与2020年修正的著作权法第二十四条第一款第十项的规定保持一致。同时，增加但书规定，明确对公共场所艺术作品的临摹、绘画、摄影、录像人，可以对其成果依法以合理的方式和范围再行使用，但是未经著作权人许可不得以相同方式设置、陈列或者公开传播。作出上述修改的主要考虑是，著作权法第二十四条第一款删除了“公开场所”的限定词“室外”，公开场所的范围扩大，涵盖了公共及商业性的美术馆、展览馆等，因此需要对“合理的使用方式和范围”进行限制，在保障合理使用空间的同时避免挫伤著作权人展览作品的积极性。　　三是进一步明确报刊转载法定许可的适用范围。

C | 将原司法解释第十七条“报纸、期刊”的范围明确为“报纸、期刊主管部门批准出版的纸质报纸、期刊以及与其内容和版面格式相一致的数字化版本”，以适应网络和数字技术发展需要。

D | 同时增加一款，明确报纸、期刊与互联网信息服务提供者之间相互转载、互联网信息服务提供者之间相互转载已发表的作品，不适用前款规定，应当经过著作权人许可并支付报酬。作出上述修改的主要考虑是，当前报纸、期刊行业在经营模式上已经从传统纸质媒体扩展到网络数字媒体，将报纸、期刊版面以原格式通过信息网络传播可以视为纸质转载方式的合理延伸，被诉侵权人可以援引著作权法第三十五条第二款规定的法定许可进行抗辩。除了上述情形以外，以其他形式将报纸、期刊内容通过信息网络传播的，不适用报刊转载法定许可。版权申明：凡注有“”或电头为“”的稿件，均为独家版权所有，未经许可不得转载或镜像；授权转载必须注明来源为“”，并保留“”的电头。    。

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Published on:14:20:19