How can the NFT digital collection copyright of "see, can't touch"?

Xinhua News Agency, Beijing, July 8th: How to protect the copyright of NFT digital collection of "see, can't touch"?

Xinhua News Agency reporter Shi Jingnan

NFT digital collections are becoming hotter and exposed problems such as infringement. How can the copyright be effectively protected by the NFT digital collections that "can be seen, can't touch"?

A few days ago, at the "NFT Digital Collection Copyright Seminar Seminar" hosted by the China Copyright Association in Beijing, experts said that behind the popularity of NFT digital collections, the issue of copyright compliance needs to be regulated urgently.

What is NFT? NFT (Non-FUNGIBLE token, intangible "nomatization) can record the initial issuer, distribution date, and every transfer information of specific objects. Each digital music, digital images and other digital works have the only "identity" marked, and NFT is the "key" that understands its true identity.

Yan Xiaohong, the chairman of the China Copyright Association, pointed out that with the development of Internet digital technology, new requirements have also been put forward. How to effectively perform the copyright of the NFT digital collection through new technologies to become a problem that needs to be solved in front of related distribution platforms. "We have to seize the opportunity, keep up with the times, and stand at the forefront of digital technology and network digital development to pay attention to the impact of technological progress on society and the copyrights. We must adhere to this purpose. ","

Wang Qian, a professor at East China University of Political Science and Law, believes that the work is uploaded to the trading platform and "cast" into NFT digital works for everyone to browse. This behavior is both copy and information network dissemination. For online browsing without permission to manufacture and provides works, the court can judge to stop infringement, including the destruction of the infringement replication on the server to protect the interests of the copyright owner. If NFT works are destroyed by the court for infringement, it is impossible for buyers to change hands again. At this time, the "castor" will bear the liability for the final buyer.

Kong Xiangjun, Dean of the Kaiyuan Law School of Shanghai Jiaotong University, said that the trading platform of NFT digital works has dual attributes. On the one hand, it is a network service provider, and on the other hand, it is an operator of the e -commerce platform. For digital works spread on e -commerce platforms, in addition to the applicable copyright law in law, e -commerce law can also be applied.

"Digital works should be traded in their own trading platforms or third -party trading service platforms. It is believed that the distribution platform should assume the legal responsibility of technical security, network information security and financial security.

Qin Yuanming, Judge of the Third Court of the Supreme People's Court of Civil Affairs, pointed out that electronic evidence is one of the legal types of evidence. The people's court takes a positive and open attitude towards the blockchain's evidence and certificate. Evidence and improve the ability to proof. Save fixed and submitting evidence through blockchain and other methods is conducive to solving difficulties in proof.

Tian Xinwen, the person in charge of the Innovation R & D Center of Beijing China Edition Chain Technology Co., Ltd., said that blockchain technology has a very rich application scenario in the field of copyright. Through blockchain technology Reduce the cost of copyright protection and copyright transactions.

On April 20 this year, the Hangzhou Internet Court opened the court to trial the plaintiff Qichao Company and the defendant's technology company to infringe the information network dissemination rights dispute, and sentenced him to the "fat universe" platform released on the "Yuan Universe" platform. Tiger vaccine "NFT works, at the same time compensation for the economic loss and reasonable costs of Qice Company 4,000 yuan.

The work involved in the case "Fat Tiger Vaccine" (Photo Conferring in Hangzhou Internet Court)

Ye Shengnan, deputy president of the Internet trial of the Internet Court of Hangzhou, took the case as an example to analyze the copyright issues in the issuance of NFT digital collections from the perspective of judicial trial. She said that the defendant, as a NFT digital work trading service platform, did not fulfill the obligation to review the attention, and there were subjective faults, and his behavior had constituted help to infringement. The NFT digital work trading platform shall bear higher review and attention obligations. Not only need to fulfill the responsibilities of general network service providers, but also a set of intellectual property review mechanisms should be established to preliminary review of the copyright of NFT works on the platform, otherwise the corresponding legal liability should be assumed.

Experts suggest that the copyright deposit certificate is performed through blockchain technology to realize preliminary confirmation, and introduce a technical solution that improves the entire industry chain from use, development, rights protection, and mediation to transactions.

"Digital technology helps to let the cultural relics of the museum move towards millions of households, and the museum will inevitably be inseparable from digital technology in the future." Zhu Xiaoyun, deputy director of the operation and development department of the National Museum of China, believes that digital cultural and creative collections can better meet the audience through digital technology applications. Experience and sense of gain. The long -term healthy development of the digital collection market depends on the balance of the rights and obligations of the copyright party, the design side, and the platform. It is hoped to establish a unified standard to guide the healthy development of the market.

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