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Research On Digital Copyright Protection Based On Blockchain Technology

Posted on:2024-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y GanFull Text:PDF
GTID:2556307145485784Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid innovation of Internet technology,traditional works gradually show a new form of digitization.At present,the digital copyright industry has become a dynamic form in the change of China’s cultural industry,and the industrial value has become increasingly prominent.However,the convenience of information retrieval and the efficiency of information dissemination on the Internet have also posed more severe challenges to the protection of digital copyrights.The unique advantages of blockchain technology can provide technical support for digital copyright protection and solve the pain points of traditional digital copyright protection methods.However,China’s regulations on the application of blockchain technology are not complete,and the application of blockchain technology to practice is bound to produce certain problems.Therefore,it is necessary to investigate and analyze the application status of the blockchain in order to provide a perfect path for the application of the blockchain to digital copyright protection.Apart from the introduction,this paper is divided into four parts:The first part,the legitimacy of blockchain technology applied to digital copyright protection.The high efficiency and intangibility of information transmission in the network era make digital copyright a new dilemma of right confirmation,right utilization and right protection,which the existing copyright protection methods cannot cope with.Blockchain technology can provide a new solution to the current dilemma of digital copyright protection.In terms of right confirmation,the use of blockchain technology can be used to realize the fast and accurate right confirmation of digital works,reduce the cost of right confirmation and reduce ownership disputes.In terms of the use of rights,smart contract can improve the efficiency of copyright transaction and promote the return of copyright income to the copyright owner.In terms of rights protection,blockchain technology ensures the reliability of copyright infringement evidence and provides technical support for copyright owners’ rights relief.The second part,the legislation and practice status of blockchain technology applied to digital copyright protection.In terms of legislation,although China has a positive attitude towards blockchain technology,there is no legal system targeting blockchain in the field of copyright protection.The existing laws and regulations mainly focus on the validity of blockchain evidence in terms of copyright rights protection,and there are no clear provisions on the copyright confirmation and copyright transaction of blockchain.In practice,blockchain technology has been widely applied in the field of copyright protection,and a number of blockchain copyright confirmation,transaction,and depository platforms have been built.In copyright infringement lawsuits,blockchain evidence is increasingly favored by the parties.The number of cases using blockchain depository evidence to provide evidence is increasing year by year,and the scope of application is gradually expanding from Internet courts to other local courts.Most of the evidence will be accepted by the courts.The third part,the existing problems of blockchain technology applied to digital copyright protection.While blockchain technology solves the existing copyright protection problems,it will also have a certain negative impact.The hash value alone cannot measure the originality of the works,nor can it identify the "materially similar" works.The registration on the chain cannot identify the real identity of the user,and it is difficult to regulate the preregistration.The unmodifiable nature of the link information restricts the exercise of the author’s right of modification and the fulfillment of the platform notification--the obligation of deletion.Blockchain rights confirmation registration has not been recognized at the legal level,and its proof power is limited in judicial practice.In terms of the use of rights,smart contracts block the reasonable use of copyright and statutory licensing channels;The automatic execution of smart contract makes it difficult to guarantee the civil qualification of transaction subject.In practice,smart contracts lack legal positioning and supervision.In terms of rights protection,blockchain cannot guarantee the consistency of data on the link with the original data.The commercial nature of the third-party platform and the insufficient review of platform neutrality in practice have led to doubts about the neutrality of the platform.Different courts have different qualification audit standards for thirdparty blockchain certificate storage platforms and fail to unify them.The fourth part,The perfect route of blockchain technology applied to digital rights protection problems.On the basis of respecting the technical characteristics of blockchain,the above issues should be improved through the combination of technology and system.In terms of right confirmation,the originality of the work should be determined through the combination of duplicate inspection and artificial intelligence judgment,and the objection registration system and punishment measures for preemptive registration are set up to increase the illegal cost of pre-emptive registration.Associate the hash values of the same work before and after modification,use the modified work information to cover the original work information,so as to realize the modification right of the registered work.Replacing notification with real-time announcement--deleting the obligation to realize the "safe haven principle" under the background of blockchain technology;Clarify the validity of blockchain registration,unify the registration standards and identifiers of each registration platform,and realize the unification of the blockchain rights confirmation registration system.In terms of the use of rights,the terminal use platform and post feedback mechanism should be used to smooth the channel of reasonable use and statutory licensing.Compulsory identity authentication is implemented to solve the problem that it is difficult to determine the civil qualification of the transaction subject and the offline identity cannot correspond to the online infringement.Define the contract attribute of smart contract,set the code conversion standard of smart contract,and improve the risk prevention mechanism before and after smart contract.In terms of rights protection,the above chain time is the basis point to distinguish and review the authenticity of data.Through the in-depth review of the platform itself and the court to eliminate the neutrality of the third-party blockchain platform;Clarify the technology and access standards of third-party blockchain certificate storage platforms,and unify the content of third-party platform qualification examination by means of administrative licensing.
Keywords/Search Tags:Blockchain Technology, Copyright Confirmation, Smart Contract, Blockchain Evidence
PDF Full Text Request
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