Cultural tourism three -party observation 丨 Who will supervise digital collections?

On August 16th, Tencent "Phantom Nuclear", a domestic digital collection platform, announced that based on the company's focus on the core strategy, business adjustments will be made to stop digital collection issuance; on August 24, Shanghai Data Exchange set up the country's first digital asset Plate. Close, one set up. Let the hot digital collections calm a lot.

What is the digital collection? There are many concepts. In short, it may be a picture, a audio, or even just a string of characters, but it contains a large number of digital information corresponding to the work and has a unique encryption information that can be traded. This is the "collection" that "can be seen but can't touch". As soon as it is released, it has been "second light" and has become the norm.

The chaos behind crazy. The ownership is unclear, the quality of the content is uneven, the consumer rights are difficult to guarantee, and the risk of transaction speculation is occurred.

Only "system" can "rule". Who will formulate rules? Who will perform supervision?

Developing pain

How big is the market for digital collections? According to the report of the computing power tank, "in 2021, there are about 4.56 million digital collections in my country, and the total distribution value is about 150 million yuan." According to the incomplete statistics of Forechain, from early 2022 to June, digital collections have been issued. It reached 15.3692 million pieces, with a total issuance of 653 million yuan; the Toutao Research Institute predicted that the size of the domestic digital collection market in 2026 will exceed 30 billion yuan. Based on the 100 million European self -built model, the sales of digital collections in my country in 2026 will reach 15 billion yuan. The market data given by different institutions are different.

The relevant person in charge of the China Culture and Entertainment Industry Association said that there is no institution that has conducted a comprehensive study of the domestic digital collection market and provided accurate market data. The main reason is that the lack of digital collections is clearly defined, and there is no uniform data caliber in the issuance and trading links. Standards; Most of the distribution platforms have falsely reported data. In addition, due to the uncertainty of various policies and the differences in transaction models, the prediction data of future transaction scale is large.

The reason for the popularity of digital collections is nothing more than two. One is to think that this digital collection is not expensive and has unique attributes, so someone is fresh. The second is that this digital collection may become a "potential stock" in the virtual world because the blessing of "blockchain" technology, so some people hold an investment mentality to share a share.

From the perspective of economics, the value of digital collections is mainly opened to open sale through the platform that is approved by legal filing and is completed with trading transactions. In other words, when a digital collection is encrypted by NFT, it has a exclusive "digital certificate". This certificate is unique. Copy and tampered with randomly, and you can trace the roots, you can clarify copyright and transaction.

However, it is understood that my country is currently only allowed to open the sale of digital collections on the blockchain platforms that have been filled in the National Internet Information Office and prohibit any situation in any circumstances. Some digital collections have not even opened the function of transferring. In other words, the current digital collections in my country do not have the financial attributes of NFT, and all it has for the time being only commemorative value.

However, this did not prevent the occurrence of fish and dragons, high prices, speculation, and work infringement in the market. According to media reports, some first attract users at low -cost collections, and then raised some collections with low actual prices. When the user spends a lot of money to buy and sells, the order is locked for a long time and cannot be successfully traded. After this popularity, the price of the collection will continue to fall down, and the user will bear the loss. And merchants' money to play "missing" will also make consumers difficult to defend their rights.

Some analysts believe that this is mainly due to the current number of digital collections without clear legal constraints and regulatory regulations. Therefore, there is a dilemma that the rights and obligations of both parties cannot be clarified or guaranteed. The relevant person in charge of the China Culture and Entertainment Industry Association said that the core reason is that its legal attributes are not clear and there are disputes on rights attributes such as property rights, creditor's rights, and intellectual property rights. In the case of unknown qualitativeness, the content of the original right holder, the supervision basis of the administrative organs, and the nature of the product purchased by users are controversial and doubts.

There are many problems

In conceptual speaking, the general definition of digital collections refers to the use of blockchain technology to correspond to the only digital voucher generated by specific works and artworks. On the basis of protecting its digital copyrights Buy, collect and use.

According to the "2022 Chinese Cultural Digital Derivative Industry Report" (hereinafter referred to as the "Report") issued by the China Cultural and Entertainment Industry Association, "Digital Collection" is not a standardized legal concept. The synonym created is the narrow concept of cultural digital derivatives.

The "Report" believes that at present, the concept of the most standardized and close to the cultural digital derivative market is "online art". According to Article 2 of the "Interim Provisions on Internet Cultural Management": Internet cultural products refer to the Internet production, dissemination and circulation Cultural products mainly include "Music Entertainment, Games, Performance Drama (Festival), performances, performances, artworks, animation and other cultural products, etc. The basic attributes of "digital collections" are similar to the characteristics and attributes of the "network art". In response to the current development of digital collections, the "Report" points out five aspects:

First, my country's existing laws have not made clear provisions on the legal attributes of overseas NFT or domestic digital collections and their laws. In fact, even in other countries, in the face of the emerging things of NFT, there are very few legal research, legislation, and judicial practice of legal attributes and legal relations, and there are not many contents that can be used for reference in my country. The second is that the requirements of administrative supervision are unclear, and there are currently no unified policies from the national ministries and commissions. The third is the lack of unified market rules and prediction, early warning and prevention mechanisms for industry risks. At present, the relevant parties in the industry follow the enterprise or have a strong power system with a strong right to speak. Fourth, there are no solutions for the safety, minor protection, copyright protection and other issues that have been displayed. Fifth, the traditional network risks of blockchain technology coexist with blockchain security risks, and the main body of the chain has data security risks and decentralized supervision.

Solution

According to reports, the Hubei Provincial Museum made the treasure of the town hall "Yue Wang Gou Jian Sword" into digital cultural relics, with a limited amount of 10,000 copies on sale, attracting 600,000 people to buy online, and sold out in just 3 seconds. Henan Museum's first 3D version of the digital cultural and creative "Women's Good Respect" was officially launched, and it was also empty. The National Museum of China is developed by the four national treasures of bronze bronze in the four sheep bronze square, the Western Han Dynasty fault -silver gold and silver clouds bronze rhinoceros, the "women's good" bronze 鸮 鸮, painted goose fish bronze lamps 4 national treasure -level cultural relics, and Dunhuang Fine Arts Institute, Dunhuang Fine Arts Institute, Digital collections issued by the Hunan Provincial Museum and other units are sold out in the hot "spike" atmosphere.

Related data show that the digital ratio of cultural relics in the country is 44.11%, of which the digital proportion of precious cultural relics collections is 67.82%. The industry is worried that if the original data of precious cultural relics is disclosed in the form of digital collections, it will cause "cultural relics information" to be unsafe.

On April 12, the relevant departments of the State Administration of Cultural Relics organized a seminar on digital collections in Beijing, which clearly stated that the cultural relics should not directly sell the original data of cultural relics as limited products; Management system, firmly grasp the correct ideological orientation to ensure the security of cultural relics information.

At this point, the hot tide of the fiery cultural relics finally cooled down.

Barbaric growth is not desirable, and compliance development is the right way. The "Report" puts forward three suggestions. One is to incorporate the cultural digital derivative industry as the emerging Internet cultural market into supervision. By issuing policies, the bottom line management requirements and goals are proposed to clarify the basic management principles and the responsibilities of all parties. The second is to gradually establish a complete legal and regulatory environment from departmental regulations. Third, through the industry's self -discipline and cooperation management departments to establish a market self -management mechanism at the front end of the industry, use industry self -discipline management to complement the government's administrative management to achieve organic social governance structure.

On April 26, the China Internet Finance Association and other three departments jointly issued the "Initiative on Preventing NFT -related Financial Risks" and proposed to resolutely curb the tendency of NFT financial securitization to strictly prevent the risk of illegal financial activities; on June 30, Chinese culture The Industrial Association and the "Digital Collection Industry Self -Discipline Development initiative" initiated by the nearly 30 institutions of the Industry Association, opposing second transactions and hype, improving access standards have become the core consensus to promote the high -quality development of the industry; on September 16, the Chinese Cultural and Entertainment Industry Association Culture The digital derivatives branch was established in Beijing. The first member units of the branch jointly released the "Cultural Digital Derivatives Industry Self -Regulatory Convention". The blockchain technology innovates independently, prevent financial risks, protects consumers' legitimate rights and interests, promotes the integration of cross -industry industry, creates a civilized network environment, and formulates industry standards and specifications.

However, some experts said that the initiative issued by the industry association does not have legal effect, and the corresponding legal supervision gap must be supplemented as soon as possible. On the one hand, it is necessary to clarify the attributes of digital collections. Whether the collection belongs to art, souvenirs, financial products, or other needs to be clearly classified, and formulate targeted distribution management measures; on the other hand Strictly review whether the digital collections have an intellectual property infringement, or review the synthesis of content in accordance with relevant state regulations, etc. to ensure the positive development of digital collections.

We know that for emerging industries, the two sides of the policy vacuum are very obvious.The adequate observation period is conducive to the management department in depth and accurate understanding of the basic situation and risk issues of the industry's development, and thinking and introducing corresponding management policies.However, if the observation period is too long, it will lead to complicated problems and contradictions. In the later period, the management department will bring passive and large administrative costs to the management department.It is expected that the supervision of digital collections can be improved as soon as possible.(China Economic Net Chengqi)

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