The Application Of Blockchain Technology To Legal Issues In Digital Copyright Management

Blockchain is positioned as China’s long-term strategic frontier technology,which has important strategic significance and considerable development prospects.Digital copyright works in the current network environment are suffering from the impact and challenges of copyright confirmation,copyright transaction,and copyright protection brought about by the development of Internet and piracy technology,while blockchain technology can provide a technical response to this.The decentralization of blockchain technology can help copyright owners achieve low-cost copyright registration;the combination of P2 P and smart contracts makes digital copyright works traded through a "point-to-point" automated transaction model,opening a new “one-to-many”transaction method for digital copyright owners;In addition,the real-time recording of blockchain technology and the technical characteristic that is difficult to tamper with also provide reliable technical support for the act of deposit in copyright protection.Although the emerging blockchain technology has certain technical defects,these problems will be solved with the development of related technologies.It is worth noting that the application advantages of blockchain technology in the field of digital copyright management and the response to related legal issues in the field of copyright confirmation,copyright transaction,and copyright protection.In terms of copyright confirmation,although blockchain technology is conducive to promoting low-cost copyright confirmation,it can not verify the authenticity of the ownership of the platform works,if the application is not regulated,it will easily lead to the chaotic phenomena of copyright confirmation,therefore,it is necessary to control the authenticity of the source of the rights of platform digital works from the following two aspects:the application of duplicate checking technology and the construction of a mechanism for guarantee and recommendation,supervision and reporting,and punishment for malicious registration.In addition,in terms of platform management,unify the blockchain copyright certification marks and build a management system,only platforms that meet the qualification review requirements can achieve the right to use the certification marks,and to the copyright confirmation which has a doubt,the blockchain platform should be allowed to perform the obligation of "notification-deletion" with the alternative technical solution of "real-time announcement" on the basis of respecting the value principle of blockchain technology.In terms of copyright transaction,smart contracts greatly reduce the transaction costs of copyright owners,but the code text of smart contracts is too professional,and if which is not supervised,it will easily become a tool for illegal and criminal,in this regard,smart contracts need to be identified as unnamed contracts to be included in the legal framework of traditional contract law,and through the code record and vulnerability accountability to achieve the pre-and post-risk remedy for smart contracts,the former requires that smart contract codes undergo compliance verification and security review,and has the basic functions of appropriate change,suspension and termination,the latter is fulfilled by implementing mandatory real-name authentication and establishing a platform-centric vulnerability accountability system,in addition,jurisdiction over disputes over rights and obligations of smart contracts is the responsibility of the national judiciary,clear the specific jurisdiction court based on the principle of agreement jurisdiction priority.In terms of copyright protection,blockchain technology provides reliable technical support for the collection and fixation of electronic data,which is beneficial to change the current situation of judicial certification in China where it is difficult to verify the authenticity of electronic evidence,however,the application of blockchain technology in the field of justice is still in its infancy,the evidence rules and review standards for blockchain evidence have not yet been unified and specific,in this regard,based on the technical characteristic of “ hard to tamper with ” of blockchain technology,recognize that blockchain evidence has the same effectiveness as the original evidence,integrate the verification of blockchain evidence with traditional evidence rules,and from the two aspects of review principles and review standards to specifically construct the verification rules of blockchain evidence,including technical neutrality,technical description and fact presumption principles and review standards for authenticity,relevance and legality.