The issuance of NFT digital collections is becoming more and more popular, and problems such as infringement have also been exposed. How can the copyright of “visible, intangible” NFT digital collections be effectively protected?
A few days ago, at the “NFT Digital Collection Copyright Issue Seminar” hosted by the China Copyright Association in Beijing, experts said that behind the popularity of NFT digital collections, copyright compliance issues urgently need to be regulated.
What is NFT? NFT (Non-FungibleToken, non-fungible token) can record the initial issuer of a specific object, the date of issuance, and every future circulation information. Every piece of digital music, digital images and other digital works has a unique “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 also been put forward for copyright protection. How to effectively confirm the copyright of NFT digital collections through new technologies has become an urgent problem to be solved in front of relevant distribution platforms. “We must seize the opportunity, keep up with the times, stand at the forefront of digital technology and network digital development, and pay attention to the impact of technological progress on society and on copyright. We must adhere to this purpose to discuss the copyright issues involved in NFT digital collections. .”
Wang Qian, a professor at East China University of Political Science and Law, believes that uploading works to the trading platform and “casting” them into NFT digital works for everyone to browse. This behavior is both copying and information network dissemination. In the case of unauthorized manufacture and provision of works for online viewing, the court may order a cessation of infringement, including the destruction of the infringing copies on the server, in order to protect the interests of the copyright owner. If the NFT work is destroyed by a court judgment due to infringement, the final purchaser will not be able to change hands. At this time, the “caster” will be liable for the breach of contract to the final purchaser.
Kong Xiangjun, Dean of 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 e-commerce platform operator. For the dissemination of digital works on e-commerce platforms, in addition to copyright law, e-commerce law can also be applied in terms of legal application.
“Whether digital works are traded on their own trading platforms or third-party trading service platforms, they should be included in the supervision of online publishing, and must be legally operated within the existing legal framework.” Cong Lixian, Dean of the School of Intellectual Property, East China University of Political Science and Law It is believed that the issuance platform should bear the legal responsibility of technical security, network information security and financial security.
Qin Yuanming, Judge of the Third Division of Civil Trial Division of the Supreme People’s Court, pointed out that electronic evidence is one of the statutory types of evidence. Evidence, improve the ability of proof. Preserving fixed and submitted evidence through blockchain and other methods is conducive to solving the problem of difficult proof.
Tian Xinwen, head of the Innovation R&D Center of Beijing Zhongban Chain Technology Co., Ltd., said that blockchain technology has very rich application scenarios in the copyright field. 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 between the plaintiff Qice Company and the defendant, a technology company, for infringing the right to disseminate works information on the Internet. Tiger Fighting Vaccine” NFT works, and at the same time compensate Qice Company for economic losses and reasonable expenses totaling 4,000 yuan.
The work involved in the case “Fat Tiger Vaccination” (Photo courtesy of Hangzhou Internet Court)
Taking this case as an example, Ye Shengnan, Deputy Chief Judge of the Second Division of Internet Trial of Hangzhou Internet Court, analyzed the copyright issues in the distribution of NFT digital collections from the perspective of judicial trial. She said that the defendant, as an NFT digital work trading service platform, failed to fulfill its duty of care for review and had subjective faults, and its behavior had constituted an aid infringement. The NFT digital work trading platform should bear a higher duty of attention to review. It is not only necessary to fulfill the responsibilities of general network service providers, but also to establish a set of intellectual property review mechanisms to conduct a preliminary review of the copyrights 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 entire industry chain from use, development, rights protection, mediation to transaction.
“Digital technology will help bring the collection of cultural relics to thousands of households. In the future, museums are bound to be inseparable from digital technology.” 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 needs of the audience through the application of digital technology. experience and gain. The long-term and healthy development of the digital collection market depends on the balance of the rights and obligations of the copyright owner, the designer and the platform party. It is hoped that a unified standard will be established to guide the healthy development of the market.
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