Research On Legal Issues In The Application Of Blockchain Technology In The Field Of Digital Copyrigh

In recent years,block chain technology with technical advantages such as decentralization,non-tampering,and time stamping is leading a new round of information technology revolution and has become a revolutionary technical means to protect the field of digital copyright.At present,the application of block chain in the field of digital rights has been validated and is of widespread value in three aspects: registration of rights,authorized transactions,and rights protection procedures.The copyright law in the digital age can use the district block chain technology creates brand new development ideas and technical paths.The feasibility study of using block chain technology to solve problems in the field of digital copyright is based on the following basic assumptions: the necessity of applying block chain to legal regulations,the complementary relationship between law and technical ethics;the theory and reality of using block chain to protect digital copyright Feasibility;Block chain and digital copyright have the common value pursuit of trust,efficiency and incentive system.Block chain technology is undoubtedly a double-edged sword.Under the current strict regulatory requirements of digital laws in my country and the framework of digital copyright regulations,the legal protection of digital copyright by block chain also has certain advantages in these three legal application issues.Legal issues for which a consensus cannot be reached between the law and digital technology.First,the "originality" in the confirmation of rights is insufficient and the real rights holders cannot be effectively identified before registration,and the block chain rights confirmation and the traditional copyright confirmation subjects have conflicts of interest;Second,the reasonable use and statutory licensing system in terms of authorization cannot be implemented,the subject of jurisdiction and the rules of jurisdiction after disputes are unclear,and the copyright owner’s right to protect the copyright on the chain in terms of passive publication rights and modification rights are restricted;Third,in terms of rights protection,there is a lack of a systematic legal system for the protection of digital copyrights by block chain,and there is also a lack of corresponding risk relief measures.The solutions are:First,position the block chain as a certificate deposit tool to assist digital copyright cases,establish an on-chain copyright registration and appeal mechanism to standardize the registration operation;set up a multi-subject,online and offline joint participation in the confirmation and resolution of the "consortium chain".Second,build a "reasonable application list" and "statutory license notice" model on the chain;according to the Civil Procedure Law and Intellectual Property Law,it is clear: "The jurisdiction of the agreement has priority.When the jurisdiction of the agreement is unclear or invalid,the defendant’s domicile and block chain The location of the enterprise and platform is the place of jurisdiction.If the domicile of the defendant and the location of the blockchain enterprise or platform cannot be determined,the jurisdiction rules of the court where the plaintiff is located shall apply;different types of "chains" and technical means are selected based on the different purposes and needs of the copyright owner.To alleviate the problem of limited publishing rights and modification rights.Third,under the premise of paying attention to both Chinese issues and international perspectives,speed up the legislative revision of industry norms and laws and regulations in the field of digital copyright;the National Copyright Administration will uniformly manage the "consortium chain" to improve trust and endorsement;at the same time,increase insurance for technological contingency The bottom line for relief.The idea is to start from the problem,and then from the perspective of blockchain technology as a technical auxiliary means for digital copyright protection,the law combines technology,and the legal issues arising from the three levels of confirmation,authorization and rights protection are put forward.technology and other corresponding solutions.It will help to make up for the legal research loopholes in this field,create a block chain + digital copyright protection model with Chinese characteristics,coordinate the relationship between technology and law,and contribute to the theoretical system of the mature application of block chain in digital copyright.