Xinhua News Agency, Beijing, July 8th, by wire Question: how to protect the copyright of the NFT digital collection of “visible, untouchable”?
Xinhua News Agency reporter Shi Jingnan
What is NFT? NFT (Non-Fungible Token, non-homogenization pass) can record the initial issuer, release date and future transfer information of a particular object. Every piece of digital music, digital images and other digital works have the only “identity” that is marked, and NFT is the “key” to verify its true identity.
Yan Xiaohong, chairman of the China copyright Association, pointed out that with the development of Internet digital technology, new requirements have been put forward for copyright protection. How to determine the copyright of NFT digital collection effectively through new technology has become an urgent problem to be solved in front of the relevant distribution platform. “We should seize the opportunity, keep up with the times, stand at the forefront of digital technology and network digital development to pay attention to the impact of technological progress on society and copyright, and adhere to this purpose to explore the copyright issues involved in the NFT digital collection.”
Wang Qian, a professor at East China University of political Science and Law, believes that the works are uploaded to the trading platform and “cast” into NFT digital works for everyone to browse, which is both replication and information network dissemination. For unauthorized manufacturing and providing online browsing of works, the court may decide to stop the infringement, including the destruction of infringing copies on the server, in order to protect the interests of the copyright owner. If the NFT work is destroyed by the court for infringement, it is impossible for the ultimate buyer to change hands, and the “foundry” will be liable for breach of contract to the final purchaser.
Kong Xiangjun, dean of Kaiyuan Law School at Shanghai Jiaotong University, said that the trading platform for NFT digital works has dual attributes, which are network service providers and e-commerce platform operators on the one hand. For the dissemination of digital works on e-commerce platform, in addition to the application of copyright law, e-commerce law can also be applied.
“whether digital works are traded on their own trading platforms or on third-party trading service platforms, they should be brought into the regulatory scope of online publishing and operate legally within the existing legal framework.” Cong Lixian, dean of the intellectual property School of East China University of political Science and Law, believes that the distribution platform should bear the legal responsibility of technical security, network information security and financial security.
Qin Yuanming, judge of the third Civil trial Court of the Supreme people’s Court, pointed out that electronic evidence is one of the legal types of evidence, and the people’s court adopts a positive and open attitude towards the collection and storage of evidence in the block chain. The parties are encouraged to adopt such new techniques to provide evidence and improve their ability to provide evidence. Preserving and submitting evidence by means of block chain is helpful to solve the problem of difficult proof.
Tian Xinwen, head of the Innovation and Research Center of Beijing Zhongban chain Technology Co., Ltd., said that blockchain technology has a very rich application scene in the field of copyright, and the problem of confirming copyright rights can be effectively solved through blockchain technology. Improve the efficiency of confirming rights and safeguarding rights, and greatly reduce the cost of copyright protection and copyright transactions.
On April 20 this year, the Hangzhou Internet Court held a public hearing on the dispute that the plaintiff Qizhe Company and a technology company of the defendant infringed upon the right of information network dissemination of the works, and ruled that the defendant immediately deleted the “Fat Tiger vaccination” NFT works published on the “meta-universe” platform operated by the company, and compensated Qizhe Company for economic losses and reasonable expenses totaling 4000 yuan.
The work involved in the case, “Fat Tiger vaccination” (photo provided by Hangzhou Internet Court)
Ye Shengnan, vice president of the second Internet trial Court of Hangzhou Internet Court, took the case as an example to analyze the copyright issues in the distribution of NFT digital collections from the perspective of judicial trial. She said that the defendant, as a trading service platform for NFT digital works, failed to fulfill the duty of censorship and was at fault subjectively, and his behavior constituted an infringement of help. The NFT digital works trading platform should bear a higher duty of censorship and care. It is not only necessary to fulfill the responsibilities of general network service providers, but also to establish a set of intellectual property review mechanism to conduct a preliminary examination of the copyright of NFT works traded on the platform, otherwise they should bear corresponding legal responsibilities.
Experts suggest to use blockchain technology to store copyright certificates, to achieve preliminary confirmation of rights, and to introduce technical solutions to improve the whole industry chain from use, development, rights protection, mediation to transactions.
“Digital technology helps to make the collection of cultural relics go to thousands of households, and museums in the future cannot do without digital technology.” Zhu Xiaoyun, deputy director of the operation and development department of the National Museum of China, believes that digital cultural collections can better satisfy the audience’s sense of experience and achievement through the application of digital technology. The long-term and healthy development of the digital collection market depends on the balance of rights and obligations among copyright owners, designers and platforms. we hope to establish a unified standard to guide the healthy development of the market.