In fact,copyright registration is a “fence” built to realize its property rights,isolating the property rights from the public domain,so as to establish the boundary of property rights.Though,since the Berne Convention signed registration is no longer necessary conditions for copyright,but with the rapid development of network technology,the necessity of copyright registration: it can not only better protect creators and creations,but also can facilitate the asset-like creator using creations for copyright.At present,the initial registration and transfer registration of copyright in China are both voluntary registration systems,which mainly have the following shortcomings:(1)The registration cost of the creator is too high,and the registration management cost is also time consuming.(2)The proof power of copyright registration certificate is low,and it is difficult to become the key evidence to decide the ownership of copyright.(3)The implementation of smart contract by code can not only improve the efficiency,but also eliminate the benefit of the third party intermediary,which can effectively stimulate the transfer and registration of copyright.(4)The consensus mechanism of blockchain does not rely on the centralized registration system,so it will not cause management confusion due to the function transformation of relevant departments.In recent years,the emerging block chain technology can not only effectively solve the problems existing in Chinas copyright registration system,but also contribute to the confirmation and protection of copyright rights:(1)The“decentralization” feature of blockchain can effectively reduce the registration cost of authors and the management cost of registration agencies.(2)Time stamp and hash technology can effectively improve the proof effectiveness of copyright registration data due to its immutability.(3)The implementation of smart contract by code can not only improve the efficiency,but also eliminate the benefit of the third party intermediary,which can effectively stimulate the transfer and registration of copyright.(4)The consensus mechanism of blockchain does not rely on the centralized registration system,so it will not cause management confusion due to the function transformation of relevant departments.In addition,the validity of blockchain registration data has gradually been recognized by Chinese courts.With the continuous maturity of blockchain technology,the cooperation between judicial and administrative departments and blockchain service providers is also increasingly close,which provides an opportunity for the construction of Chinas copyright registration system based on blockchain technology.Since blockchain technology is still in its infancy,There are no copyright registration regulations based on block chain technology at home and abroad.However,by comparing the current copyright registration system outside the territory,we can draw lessons from the incentive measures on initial registration in the US copyright law and the self-identification rules of blockchain evidence in the Vermont Blockchain Act.At the same time,Chinas copyright registration system based on block chain technology can also be constructed by drawing on the experience of Quantstamp “chain to chain” and the distributed management thinking of Aragon platform.First of all,the initial registration can adopt certain incentive measures on the basis of voluntary registration.For example,copyright registration can be used as a condition for an author to gain an advantage or,in some cases,additional compensation in a lawsuit over copyright infringement.The registration of copyright transfer should adopt the registration antagonism and introduce the third party system in good faith to support it.Secondly,a unified dispute resolution platform should be built,and a certain number of “judges”should be selected from the block nodes to make judgments,and a corresponding“judges” evaluation system should be established.Thirdly,the blockchain registration data should be given the status of self-authentication.As long as the parties submit real and effective proof documents and records,the blockchain registration data will have the characteristics of self-authentication,and there is no need to rely on judicial authentication institutions or other independent third party institutions to prove the admissibility of the data.Finally,the security management responsibility and tort liability of blockchain registration service providers should be clarified,on this basis,a unified registration standard should be developed,and intelligent supervision mode such as blockchain security audit protocol should be adopted to realize the goal of “chain by chain”. |