The value of digital copyright resources is increasingly prominent
Promote the high-quality development of the copyright industry based on the integration of content technology and business
● To do a good job in copyright work, we must attach great importance to the digital trend of the copyright industry, promote the high-quality development of the copyright industry based on the integration of content, technology and commerce, and realize the innovation of the industrial chain, supply chain and value chain
● In recent years, with the rapid development and wide application of digital technology and network technology, the trend of core copyright products including news publishing, online film and television, advertising equipment, music animation, etc. on the Internet is very obvious
● We need to explore the application scenarios of blockchain technology in the fields of digital protection and copyright protection, and give play to the unique role of blockchain in copyright registration, confirmation, and copyright transactions
□ reporter Zhang Wei
The development of the digital copyright industry is ushering in a stage of rapid development.
More and more online video, digital music, cultural and creative enterprises obtain copyright income through the integration, protection, and operation of copyright resources; high-quality copyrights are increasingly favored by enterprises; the value of digital copyright resources is increasingly prominent... Copyright has even become the top priority of copyright work.
Recently, at the Digital Copyright Industry Convergence and Development Forum held in Chengdu, Sichuan Province, Yu Cike, Director of the Copyright Administration of the Central Propaganda Department, pointed out: “To do a good job in copyright work, we must attach great importance to the digitalization trend of the copyright industry, based on content, technology and The integration of business promotes the high-quality development of the copyright industry and realizes the innovation of the industrial chain, supply chain and value chain."
Digital copyright integration development
The industry prospect is thriving
In recent years, my country's digital economy has achieved leapfrog development, and its position in the national economy has become more prominent.
The digital economy continues to grow rapidly and is becoming a new engine for high-quality economic development.
According to Wen Ku, a spokesperson for the Ministry of Industry and Information Technology and Director of the Information and Communication Development Department, the total digital economy in 2019 exceeded 35 trillion yuan, accounting for 36.2% of GDP and contributing 67.7% of GDP growth.
At the same time, the contribution of the copyright industry to GDP is increasing.
The "2018 China's Copyright Industry Economic Contribution" research report released by the China Press and Publication Research Institute at the beginning of 2020 shows that the industry added value of China's copyright industry in 2018 was 6.63 trillion yuan, a year-on-year increase of 9%; its share of GDP was 7.37%. An increase of 0.02% over the previous year.
The proportion of China's copyright industry in the national economy has steadily increased, and the overall scale has grown further.
When the digital economy encounters the copyright industry, a wonderful chemical reaction takes place between the two, and the development of the digital copyright industry is prosperous.
"The continuous update and iteration of science and technology has promoted the continuous development of copyright content production and copyright protection methods to technological and intelligent development. New copyright business models and new formats have also emerged with the continuous emergence of digital technology updates, enabling the production of copyright content. Entering a new stage of development." Sun Yue, vice chairman and secretary-general of the China Copyright Association, believes that the field of copyright is becoming wider and wider. China's digital content industry continues to develop steadily, the industry cohesion continues to increase, and the social influence continues to increase.
With the dual benefits of the rapid development of the digital age and the building of a copyright power, the opportunity for copyright practitioners has come.
A set of data is sufficient to illustrate the development trend of the digital copyright industry: the "Report on the Development of China's Online Copyright Industry in 2019" released by the National Copyright Administration at the end of September 2020 shows that the market size of China's online copyright industry in 2019 reached 958.42 billion yuan, a year-on-year increase of 29.1% .
From the perspective of market structure, the core business of China's online copyright industry will be stable in 2019, the industrial structure will be farther, the profit model will gradually take shape, and the new business will show great potential.
Yu Cike said that in recent years, with the rapid development and wide application of digital technology and network technology, the trend of core copyright products including news publishing, online film and television, advertising equipment, music and animation, etc. on the Internet is very obvious.
In particular, the outbreak of the new crown pneumonia epidemic has accelerated the digitization and networking of traditional industries in terms of breadth and depth.
The development of the digital copyright industry can also be seen from the "two 70%" phenomenon that has appeared in the court system in recent years: About 70% of the intellectual property cases accepted by courts across the country in the first instance are copyright cases, and about 70% of them are related to copyright. Network related.
"Therefore, to do a good job in copyright work, we must attach great importance to the digital trend of the copyright industry." Yu Cike said.
The China Copyright Association currently has more than 500 members.
In Sun Yue’s view, the future path of China’s copyright industry is closely related to digital copyright. It is necessary to strengthen research and exchanges on the integration and development of digital copyright, communicate to promote industry self-discipline, improve copyright creation, utilization and management, and promote the health of my country’s digital copyright industry. Orderly development.
Within the copyright industry, there is also a clear understanding of this.
Ao Ran, executive vice chairman and secretary-general of the China Audiovisual and Digital Publishing Association, believes that the transformation of traditional publishing units to information publishing is an interlocking process that requires endogenous motivation, talent guarantee, technical support, and evaluation system. Intensify efforts, copyright management also needs to match the speed of the Internet, and improve registration, right confirmation, trading, and rights protection.
Industry problems need to be solved urgently
Talent reserve is still insufficient
It is imperative for the copyright industry to transform to digitalization. However, as a new thing, the development of the digital copyright industry has not been smooth sailing, and it will inevitably encounter some difficulties.
Ao Ran said, for example, when signing a publishing contract, many works lack accurate descriptions of the use of digital copyright, media, media, and use decision-making conditions. The prepaid share ratio sales data verification and the subsequent profit guarantee split mechanism are also Immature, there are many phenomena of repeated authorization, forged authorization, and illegal resale; anti-piracy is not advanced enough, the current anti-counterfeiting technology is facing the embarrassing situation of "there are strategies in the top, and the countermeasures in the next", and copyrights with high R&D investment cannot keep up with piracy Copying of books, movies, music and other digital content products are often loaded with low cost.
Insufficient professional talent pool is also a problem worthy of attention.
"The professional talents in the digital cultural industry are actually very scarce, especially games, animation, etc." Ao Ran, for example, said that the development of an online game involves game planning, technology development, design synthesis, art, network maintenance, marketing, and after-sales service. , Online management, etc., and mature teams are scarce resources.
Ao Ran reminded that copyright awareness has not yet penetrated into the entire process of content creation, and copyright protection work should gradually penetrate from the beginning of product development, otherwise, it will become passive in the later stage.
On the one hand, there is a shortage of talents and awareness. On the other hand, the fast-growing and expanding users can't wait for the relevant industries to be fully prepared.
By 2020, Internet users have reached 904 million, of which 98.86% are mobile Internet users.
"This imbalance-the rapid growth of users and the relative lag of our management have restricted the development of the digital copyright industry." Ao Ran said frankly, especially with the in-depth development of the digital economy, its connotation and extension will not be broken, and users will participate The depth and breadth continue to expand, and the demand for high-quality content is growing.
Wu Pingping, director of Tencent's legal innovation and head of Zhixin Chain, expressed concern about the increasing complexity and concealment of infringement.
"For example, in the field of copyright protection, with the growth of new forms of online copyright, new types of piracy show the characteristics of secrecy, complexity, and variability, including a more complex system of infringement and piracy."
Taking video copyright protection as an example, infringement has experienced the 1.0 era of server storage mode, and network service providers store pirated resources on the server; in the infringement 2.0 era, infringers began to adopt piracy methods such as P2P downloading and sharing, and player on-demand; to infringement 3.0 In the era of Internet disk hotlinking, Internet disk aggregation, OTT and other models frequently appear; in the era of infringement 4.0, the form of piracy has changed into editing and handling, secondary creation, etc.
Another challenge is the diversification of the creation of intellectual property rights. Copyright works are quantified and fragmented. Copyright disputes have also increased significantly. Individual rights protection capabilities are weak, and rights protection costs are high.
Take Penguin as an example. There are about 2 million pieces of content that require copyright protection generated on the Penguin platform every day. A large amount of content is reposted without authorization. The traditional copyright replacement is almost invalid in dealing with the protection of mass content.
In this regard, Wu Pingping believes that in addition to further strengthening the judicial and administrative protection of intellectual property rights, the participation of industry entities themselves is also essential.
Improve the legal protection system
Promote copyright technology innovation
In practice, for the protection of digital copyright, legislation, administration, justice, and industry should work together to protect digital copyright.
Ao Ran believes that efforts should be made to improve the system and mechanism, and to further establish and improve the copyright legal protection system. The promulgation and implementation of the new copyright law will create very good conditions for the next step. At the same time, it is also necessary to establish a national-level digital copyright protection management and transaction. Platform, do a good job of accurate measurement of content contribution value, solve key issues such as difficulty in copyright protection, difficulty in income protection, and ambiguity of copyright attribution, protect the interests of rights holders by means of the rule of law, especially serve weak copyright parties, and help small and medium creative groups survive in groups.
Strengthen the role of international conventions such as the "Berlin Convention" and "Beijing Treaty on Audiovisual Performances", and use institutional innovation as a starting point to resolutely combat infringements, strengthen copyright demonstrations, and create a shared, open, collaborative, dynamic, and controllable industrial chain .
Establish an international copyright management and operation ecology, clarify the development direction of the industry through negative lists and other methods, and promote the healthy, prosperous and high-quality development of the copyright industry, especially the digital copyright industry.
At the same time, promote copyright technology innovation, strengthen the combined application of copyright protection and blockchain, big data and other new technologies, strengthen the combined application of traditional copyright technology and digital copyright protection technology, and carry out security assessment and standard certification of related technologies.
"We need to explore the application scenarios of blockchain technology in the field of digital protection and copyright protection, and give full play to the unique role of blockchain in copyright registration, confirmation, and copyright transactions. At the same time, we must be alert to lawbreakers' opposition to technology in copyright. Use technology to hedge the cost of piracy and optimize and maximize the value of digital copyright." Ao Ran said.
In addition, it is necessary to improve the talent training system, encourage universities to set up intellectual property colleges and centers, explore cross-disciplinary construction that combines copyright and information technology, strengthen professional characteristics, cultivate intellectual property application talents, practical talents and legal talents, and promote the integration of industry, education and research. We will focus on solving the problem of lack of professional talents and compound talents, and create a symbiotic and win-win industrial talent ecosystem.
Justice also plays an important role.
According to Yan Jun, Judge of the Beijing Internet Court, the Beijing Internet Court heard 40,000 cases in 2019, of which 70% to 80% were copyright cases.
When Yan Jun heard the case, he found that with the development of science and technology, the content of creation related to the Internet was constantly being updated, and cases of artificial intelligence production works appeared.
In the process of technological development, the dissemination of content and the use of works are constantly innovating. "We hope to pass the judicial philosophy of advocating technology for good and opposing technology for evil" through judgments.
In terms of digital copyright protection, the courts are also innovating and providing better protection methods.
For example, more than half of the Internet-related copyright cases of the Beijing Internet Court are photo-related cases. After research, it has been found that one of the reasons for the high litigation amount and litigation amount of such cases is that some copyright owners have replaced normal lawsuits by way of litigation. Copyright transactions have disadvantages such as unclear ownership and poor authorization channels.
To this end, the Beijing Internet Court, in conjunction with the Beijing Copyright Bureau, related copyright industry associations, and copyright industry practitioners, proposed to establish an E copyright traceability co-governance system to establish a healthy and positive development of the industry.
Under this framework system, a non-litigation cloud connection mechanism has been further established. By linking the front-end diversified adjustment platform of the Beijing Internet Court, the non-litigation adjustment platform will adjust the issue of reconciliation directly through the Beijing Internet Court for judicial confirmation. The judges of the court can also provide online guidance to mediation cases through this platform.
At the same time, the Beijing Internet Court also promoted the establishment of a coordinated governance system for the balance chain and copyright chain.
Yan Jun introduced that Tianping Chain is a blockchain technology guided by the Beijing Internet Court. In the Tianping Chain, the node unit is a third-party application forensics platform.
If there is evidence on the third-party evidence collection platform, it will be transmitted to the Tianping Chain in real time, and the Beijing Internet Court can directly verify and extract the above evidence during the trial.
Tencent also contributed corporate wisdom.
Wu Pingping said that in July 2019, Tencent and its ecological partners jointly launched the Zhixin Chain copyright protection platform based on blockchain technology to provide original infringement monitoring and infringement mutual certification for content production institutions or content operating companies. , Judicial rights protection litigation as a one-stop online copyright protection solution.
"Compared with traditional copyright protection schemes, Zhixin Chain directly connects to digital content producers in the right confirmation link, and when the work is generated, it is uploaded to the chain for right confirmation and evidence collection. The detection start link integrates the industry's top monitoring capabilities to conduct real-time infringement monitoring. With evidence fixed, the rights protection link can send a lawyer's letter and prosecute with one click." Wu Pingping said.
Zhixin Chain also provides full life cycle protection for original authors.
As of mid-August 2020, the system has monitored more than 130 million works, and more than 7.04 million have been offline through rights protection, which is conducive to protecting creators and intellectual property rights, and creators’ intellectual property rights and vital interests, thereby encouraging innovation and promoting More quality works are produced.
At the same time, Zhixin Chain assists Tencent Cloud to build Tencent Cloud's genuine library through train, allowing creators to focus on creation without paying attention to other issues.
During the interview, Cong Lixian, a professor and doctoral supervisor of the School of Intellectual Property of East China University of Political Science and Law, believes that the invalidity of digital copyright transaction contracts should be treated with caution. When digital copyright transaction projects are conducted, conflicts between property rights and personal rights often occur, which may cause The issue of invalid contract.
There are settlement, mediation, litigation, and arbitration methods for digital copyright transaction contract dispute cases. Now the importance of arbitration in the field of intellectual property rights has been greatly strengthened and will play an increasingly important role.
Cartography/Li Xiaojun