Barbaric growing digital collections

◎ Text "Fighter" magazine all media reporter Li Yunshi

Digital collection, which is called NFT internationally, is a derivative of blockchain technology, and has become the "new darling" in the collection industry in the past two years. According to data from the Ai Media Research Institute, the global NFT market capacity has exceeded 40 billion US dollars in 2021. Based on the sales sales of Ant blockchain and the global NFT increase rate, it can be predicted that my country's digital collection market capacity will reach 29.52 billion yuan in 2026 Essence As a new thing that is born in blockchain technology, many problems need to be resolved in many problems.

▲ "Everydays: The First 5000 Days" NFT works information picture

Digital collection platform increased by 10 times in half a year

"At present, my funds are not invested, mainly in participation. Many people enter the market, and one shot is one to two hundred thousand yuan." On July 30, Li Yuan, a digital collection player, told the "legal person" reporter.

Li Yuan is a college student at school. He said to his collection experience to reporters that buying digital collections mainly values ​​the potential for appreciation. The last time he purchased a digital collection was on July 9 this year. The collection was a digital 3D picture, which was sold for 30 yuan/piece. However, Li Yuan at the time did not catch up with the release period, and could only purchase the collection from the secondary dealer at 170 yuan. In this regard, Li Yuan explained: "The buyer missed the sales period of the digital collection, and could only purchase the price." In November 2021, Li Yuan on the platform on the platform was 25 yuan

For the hotness of digital collections, on July 30, Gao Qi, deputy chief engineer of the Industrial Internet and Internet of Things Research Institute of China Information and Communication Research Institute, said in an interview with the "Legal person" reporter that the domestic digital collection platform is currently close to 1,000, and it is in the country, and in the world, but in the world, but in At the end of last year, the number of platforms was less than 100. It can be seen that my country's digital collection industry has developed rapidly. At the end of 2021, domestic manufacturers began to deploy digital collection platforms. In the early stage, the platform basically adopted the PGC mode, which regularly released the digital collections of high -quality IP by the platform. The market is in a state of inappropriate supply. Digital collections selling digital collections often occur for 1 second.

On July 31, Wei Bangli, vice president of the Consumer Consumer Group, said in an interview with reporters that the period when digital collections quickly became popular in my country was the Beijing Winter Olympics this year. At the time of the "difficulty of seeking", publishers and officials cooperated to issue a series of winter Olympic digital collections. Once these collections are sold out, more and more people think that they can replace the real objects and make it easier to collect them. In addition, in late May this year, the General Office of the State Council issued the "Opinions on Promoting the Implementation of the Strategy of Cultural Digitalization of the National Cultural", which proposed: "The digital layout of the cultural industry in the fields of cultural data collection, processing, transaction, distribution, presentation and other fields, cultivate one The new type of cultural enterprises are approved to lead the digital construction direction of the cultural industry. "The above -mentioned strategic opinions clarified the development ideas for the digital direction of traditional collections.

NFT at home and abroad is essentially different

Although my country's digital collections have developed rapidly, there are huge differences with foreign NFTs. Gao Qi introduced that as early as 1993, foreign concepts were proposed, but only the theory at the time. In 2021, Christie's well -known British auction platform was able to shoot NFT works called "Everydays: The First 5000 Days" at a sky -high price of $ 69.35 million. Since then, digital collections have been "out of the circle" and attracted attention.

Gao Qi believes that the difference between foreign NFT and domestic digital collections is that in the development model, NFT emphasizes financial attributes, and domestic digital collections emphasize the collection attributes. On the basis of protecting the copyright, it realizes credible issuance, purchase, collection, and use; in terms of transaction mechanisms and prices, foreign NFT allows secondary market transactions, and NFT's casting up, first release and secondary market transactions All need to pay the corresponding "handling fee" (GAS fee). Due to its financial attributes and the opening of the secondary market, the rise and fall of NFT in foreign prices is relatively loose and fluctuated. Up to now, most domestic digital collection platforms only support the purchase of first -level markets and do not support circulation transactions. In infrastructure, foreign chains mainly use public chain to support the casting and circulation of NFT. Essence At present, all digital collection platforms in China are based on the alliance chain. Most digital collections sold by the platform are issued by some authoritative institutions and IP parties. The C -side users directly issue digital collections are relatively rare.

It is understood that the blockchain is a decentralized network system, and anyone can become part of it. NFT based on blockchain also follows the principle of being cast by anyone.

Gao Qi further introduced that domestic digital collections are based on their own alliance chain, and the cost costs for the chain and sale are low. Platform and infrastructure cooperation costs are generally charged service fees in accordance with the percentage of the total project sale or the number of interface calls. The alliance of the alliance chain can formulate the casting and trading rules of digital collections, which has good control capabilities for hype behavior. The pricing power of digital collections is often controlled by the platform or cooperative copyright party. The price fluctuates greatly. The average price of digital collections on the mainstream platform is basically below 100 yuan.

On August 1st, Pang Lipeng, executive director of the Beijing Cultural Entertainment Law Society, the director of the Yuan Dynasty and the Digital Economic Law Professional Committee, said in an interview with reporters that since the birth of NFT, two completely different development paths have evolved from abroad. Localized digital collections play an important role in cultural communication and brand marketing as a typical case of blockchain technology. As far as its concept is concerned, there is no substantial difference between domestic digital collections and foreign NFTs, that is, through the unique logo characteristics of blockchain technology, to confirm the power of digital works, digital art, goods, and digital cultural relics, and in the blockchain in the blockchain, in the blockchain The network label its owner and publicize the current flow information. At present, domestic digital collection emphasizes collection and appreciation attributes, rather than investment attributes. More based on alliance chain issuance and sale, and settle in RMB, stripped the financial attributes that NFT may have, as well as the settlement and circulation system of encrypted assets. At the same time, while It has been applied to digital copyright confirmation, digitalization of cultural relics, and IP development. ▲ Information picture

Many legal issues are yet to be resolved

In March 2022, Tencent WeChat officially banned multiple hype and secondary sales of digital collection platform applets and public accounts. People in the industry believe that although digital collections have developed globally globally, some problems in the industry have not been resolved.

Regarding the compliance development of digital collections, on August 2nd, Yin Weiyao, director of Shanghai Sunshine Zhuozhong Law Firm, said that because the digital collection industry is a new thing, my country's legislation in this industry is in the exploration stage. More stages of self -discipline in the industry. Due to the low threshold, the large and small digital collection trading platforms are uneven, and there is a lack of management in the protection and content presentation of digital collection rights. In addition, digital collections and virtual currencies are derived from blockchain technology, and there are many similarities between the two. When dealing with legal disputes in digital collection at this stage, some laws and regulations on digital currencies promulgated by the state may be referred to.

"Money laundering risk is an inevitable issue in the development of digital collections." Wu Shenfu, Secretary -General of the Research Center of the China Internet Association, told reporters that from the current market conditions, malicious speculation is very large. Some digital collection transactions have the risk of the distribution and transactions of financial products in disguise, the purpose is to avoid supervision and evasion of approval.

Ke Ping, a professor at the Department of Information Resources Management of Nankai University Business School, told reporters that digital collections belong to emerging industries in my country. The whole society has vague cognition of its cognition, lack of norms and restraints in the market, and lack of relevant professionals.

Regarding the current laws and regulations on digital collections or platforms that have not been introduced in China, Weibang Lantern stated that the digital collection platform as a network provider, which is subject to relevant laws and regulations such as the Civil Code, Cyber ​​Security Law, E -Commerce Law and Intellectual Property Law. Corresponding responsibilities and obligations.

Gao Qi also expressed his views on the issue of the digital collection industry. She believes that the homogeneity and infringement in the market are prominent. For example, a large number of works belonging to the public copyright areas have been released in the market. Although some copyright issues are avoided, the work is seriously homogeneous, and derivative creation does not have much artistic value. It is questionable for appreciation and collectible value as a collection. In the future, the value of digital collections should be driven by user needs to solve the same requirements for homogeneity and uniqueness of the homogeneity of digital collections itself. Therefore, the digital collection platform can only increase the collection and its value only by the authorization of professional institutions or personal art creators. In this process, copyright issues will be further concerned.

▲ CFP

In fact, the relevant departments in my country have paid attention to the compliance management issues of digital collections, and have issued relevant regulations to regulate the development of the digital collection industry. In April 2022, the China Internet Finance Association, the China Banking Association, and the "Initiative on Preventing NFT -related Financial Risks" issued by the China Securities Industry Association proposed 6 behavioral specifications. Documents; in May 2022, the "Opinions on Promoting the Implementation of the National Cultural Digitalization Strategy" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council proposed that by the end of the "14th Five -Year Plan" period The cultural service supply system of interactive interaction and three -dimensional coverage of online and offline; in July 2022, the "Fourteenth Five -Year Plan for the Development of the Digital Economy Development in Shanghai" proposed to develop business models such as blockchain open source platforms and digital collections to accelerate the exploring virtual virtuality Digital assets, artworks, intellectual property rights, games and other fields in the fields of digital transformation and digital technology applications.

In July of this year, the "Digital Collection Application Reference" edited by the National Press and Publication Agency's science and technology and standard comprehensive laboratory's blockchain copyright application center was released, formulating a series of specifications, which can help practitioners to conduct digital collections in accordance with laws. Behavior.

Editing ｜ Cui Xiaolin

Edit ｜ Wang Qian

School pair ｜ Zhang Bo Zhang Xuehui

This article is published in the "Legal person" magazine in August 2022 Total 222 Merchants Section

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