Digital collection infringement disputes continue to be responsible for the platform

Today, more and more copyright parties and large factories have entered the bureau as a digital collection platform. Alipay and Ant Chain have made "whale detectives". Tencent's "phantom nuclear" has been launched. Its digital collection platform, including the only independent platforms such as art, digital Tibetan China, Hongdong Technology, and Museum chain, also made a lot of water. At the same time, the chaos is frequent, and the trading platform cuts leek running, the platform purchase is easy to refund, the platform is difficult to refund, the platform has infringement and many other risks ...

Recently, Zhang Jingai, a descendant of Zhang Daqian, a master of Chinese painting, mentioned that the "virtual macaria" digital collection trading platform operated by a digital trading Co., Ltd. in Hangzhou, under the circumstances without the authorization of the relevant copyright owner, sold the digital collection of Zhang Daqian's works without authorization. And there is a tiered product.

Later, Chengdu Zhangdaqian Painting Institute sent a letter of sending a letter that the relevant digital collections released by the above digital platforms were produced by Zhang Daqian Painting Academy and have a complete relevant authorized document, and the chain was clear. When the Chengdu Zhang Daqian Painting Academy was established in April 2016, it had obtained relevant rights such as Mr. Zhang Daqian's copyright. Therefore, the digital collections released by Zhang Daqian Painting Institute in the Xuya Platform did not have an act of violating Zhang Daqian's copyright.

As of now, there is no updated follow -up, but it has to be reminiscent of the recent frequent digital collection infringement.

On April 20, 2022, the "Fat Tiger Vaccine" online communication rights that were considered "Digital Collection Infringement" was publicly tried in the Hangzhou Internet Court.

The plaintiff Qichao Company authorized and enjoys the "Fat Tiger" series of digital collections created by the cartoonist Ma Qianli. The digital asset trading platform operated by Qicze in Hangzhou and the Qiu Company found that the platform users cast and released the "Fat Tiger Vaccine" NFT, priced at 899 yuan. The NFT work is exactly the same as the illustrations released by Ma Qianli on Weibo.

Qicze believes that the behavior of Hangzhou's original and Zhou Company has seriously infringed the copyright enjoyed by Qicze Company, and then sued to the Hangzhou Internet Court and asked the defendant to compensate for the loss of 100,000 yuan for the loss of Hangzhou Yuan and Zhou Company.

The court believes that in addition to the two basic attributes of general works and replication of general works, art works also need a certain aesthetic significance. As long as the creator shows his unique views on aesthetics on the material carrier, it can be used in a visible manner and meets the creative requirements of the minimum. The work involved in the case "Fat Tiger Vaccine" presents the author's unique individual expression, which reflects a certain artistic beauty and belongs to art works in the sense of copyright law.

The "Fat Tiger Wrong" works are sold for 899 yuan and have been traded only once. Therefore, the infringement profit of the case should be within the range of 899 yuan. However, in view of the failed to prove the profit of the transaction, the actual infringement profit of the infringer is still unable to determine the actual infringement profit, and the Qicican company failed to prove the actual loss caused by the infringement. Therefore The transaction amount of infringement works, the fee charged by the company, and other reasonable expenses such as the evidence collection fee for stopping the infringement expenditure, and other reasonable expenses of the lawyer.

"Fat Tiger Playing Vaccine" Source: Weibo

In the black cat complaint, there are 1491 related entries on digital collections, most of which are a series of issues such as the difficulty of refunding of digital collections, unlicensed platforms issuing digital collections, and money running on the platform circle. More topics.

In fact, digital collections are currently in its infancy, and they have not been listed as a type of work. They do not have special laws for protection. They are mainly protected in accordance with relevant laws such as Copyright Law in my country. The ultimate goal of digital collections is to hold, transfer or make a profit, but the standards, value assessment, transaction supervision, and platform responsibility identification of digital collections have not yet been regulated.

When the work is in the period of copyright protection, what kind of legal liability needs to be assumed by the platform of the distribution of digital collections without authorization?

"Without the permission of the relevant copyright owner, the work without authorization can constitute copyright infringement. The digital collection platform is not permitted and provides the public through the Internet platform, so that the public can get the behavior of the work at any time. The right to communicate; if there is no corresponding work, it is suspected of infringing the right to signature in copyright. "Xue Lu, a partner of Beijing Yingke (Guangzhou) Law Firm, told Modern Advertising.

Xue Lu mentioned that there is no relatively strict responsibility definition on the digital collection platform. In the E -Commerce Law, the e -commerce platform should do their best to review the obligations. If the right holder notifys it, he will not be liable for compensation. In the context of transactions, the review obligations of digital collection platforms can often refer to the e -commerce platform review obligations in the E -commerce Law, but it is actually stricter because it is a digital collection platform.

"Most digital collections have a certain reputation and the platform has the ability to review it, but whether it is necessary to give higher review obligations and responsibilities, it is actually worth pondering." Xue Lu said.

Industry reshuffle, the relevant supervision of digital collections is actually advancing steadily.

In early June, the Fujian Provincial Local Finance and Administration Bureau issued the "Reminder of Fujian Province Clean up and rectify the work team on various trading venues on preventing NFT illegal risks" and required enterprises to not engage in NFT transactions without approval;The Convention on the Ecological Matrix of Digital Culture and Innovation Standards, and Article 4 also stipulates that the contracting unit is prohibited from conducting the NFT business.On June 20, the latest version of "WeChat Public Platform Operation Specifications" added the relevant terms of the new digital collection trading behavior: such as the account providing second -level transactions related to digital collections, etc. WeChat public platform will order the illegal public account numberPartial functions of the account until the processing of permanent title.

At the first China Digital Collection Conference, Zhang Guohua, president of the China Advertising Association, mentioned that he hoped that everyone would speak up for the industry and build the healthy development of the digital collection industry.President Zhang Guohua pointed out that the application of the Yuan universe or digital collection industry in the field of brand advertising is a direction for marketing institutions and departments to explore and try. The premise of corporate innovation is to be legally compliant and accept supervision.

- END -