Research On The Legal Issues Of Copyright Transactions In The Digital Environment

Copyright trading is an important link in the industrialization of copyright,and at present,China’s copyright industry is developing rapidly,and it is of great significance to solve the problems existing in copyright trading.Compared with copyright trading in the traditional environment,the copyright trading market in the digital environment is larger,the transaction risk is higher,and the platform dependence is stronger.Lower thresholds for the creation,publication and dissemination of works in the digital environment,providing a more adequate number of trading partners for copyright transactions.High-speed dissemination and efficient adaptation make it difficult to determine the ownership and status of the original work,increasing the risk of copyright transactions.Ordinary online platforms and copyright trading platforms have become the main ways to reach copyright transactions.At present,China’s legislation on copyright trading is distributed in different laws,the rules are relatively scattered,and there is no special legislation on copyright trading in the digital environment.From the perspective of the security of copyright transactions,the publicity and credibility system are lacking,transactions can be effective without registration,the phenomenon of repeated transfer of copyrights is high,and the interests of third parties cannot be guaranteed.Digital technology provides registration for copyright transactions,but in practice,the determination of the effectiveness of digital technology is not uniform.From the perspective of the authorization,which is the core of copyright trading,the copyright collective management system for professional creators lacks market efficiency and has a strong administrative color.The vast number of works created by non-professional creators are difficult to trade through direct licensing or collective management.At the same time,creators do not have the bargaining position equal to investors in the process of copyright trading,and it is difficult to guarantee reasonable remuneration.In addition,the rules of obligations and responsibilities of copyright trading platforms are disputed.In view of the problems related to copyright transactions in China’s current digital environment,combined with the experience of relevant foreign systems,it can be solved from the following aspects.First,clarify the right of authors and right holders to identify themselves,establish a transaction registration system in the digital environment and clarify the countervailing effect of registration.Strengthen the identification of evidence of digital technology.Second,improve the collective copyright management system,use a more efficient licensing way for a large number of user-created content,and establish a fair remuneration system to protect the interests of creators.Finally,it is clarified that copyright trading platforms should bear higher obligations of care than ordinary online trading platforms,and that failure to perform obligations should bear joint and several liability.