Font Size: a A A

Research On Legal Issues Of Blockchain Technology Applied In Copyright Registration

Posted on:2023-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y J GuoFull Text:PDF
GTID:2556306830954049Subject:legal
Abstract/Summary:PDF Full Text Request
With the change of technology,the defects of the principle of automatic acquisition of copyright have been amplified.In this context,copyright registration,as an important safeguard measure for copyright owners to enjoy and utilize copyright,becomes more and more important.However,there are many problems in china’s copyright registration,such as high cost of registration,low proof of registration,chaotic management system and lack of attention to copyright change registration.The emergence of blockchain provides a new opportunity for the perfection of copyright registration.Theoretically,it is necessary to apply blockchain technology,which can effectively solve the problems in traditional copyright registration.For example,it can reduce the cost of copyright registration in many ways;timestamps and hashes improve the weight of registration;the consensus mechanism gets rid of the dependence on the centralized system and is beneficial to the unification of standards.Smart contracts can record the transfer of copyright information while encouraging copyright transactions.It is also feasible to apply blockchain to copyright registration.On the one hand,the application of blockchain technology does not violate the principle of automatic acquisition of copyright established by Berne Convention,and has good compatibility with China’s existing copyright legal system.On the other hand,the relevant rules of the judicial application of blockchain evidence have been constantly improved and recognized.However,there are still some challenges and problems in the current practice of the fusion of blockchain technology and copyright registration system.First of all,the legal effect of blockchain copyright registration needs to be clarified,and it cannot alone play a role in determining copyright.Secondly,the work exists in the form of hash value on the blockchain,but the hash value is not good for judging the originality of the work,resulting in the phenomenon of malicious registration may be serious.The hard to tamper with of blockchain ensures the authenticity of data,but at the same time,it is difficult to meet the needs of changing or revoking registration information.Third,there are inconsistencies between blockchain technology and existing copyright laws.The existing registration system is not conducive to the application of blockchain technology,so we need to think about how to reconcile the relationship between blockchain copyright registration and traditional copyright registration.Moreover,the application of blockchain technology will magnify the defects of insufficient publicity effectiveness of copyright registration,then destroy the trust mechanism of blockchain construction.Finally,the blockchain copyright registration industry is still developing in a wild way,lacking corresponding regulations and supervision.To this end,the following suggestions are made after study: Firstly,the legal effect of blockchain copyright registration should be clarified on the basis of promoting the standardization of blockchain copyright registration.First of all,according to the subject conditions of the Electronic Signature Law,the National Copyright Administration and the Cyberspace Administration of China(CAC)shall jointly examine the qualifications of blockchain copyright registration institutions.Secondly,on the basis of the existing registration norms,a unified blockchain registration standard will be issued,focusing on establishing standards for censorship of works and unifying block chain registration certification mark and electronic certificate,etc.Second,Aiming at the limitations of blockchain technology,it is suggested to strengthen the technology integration to improve the review standard and establish a reporting mechanism and a malicious punishment mechanism to double control the authenticity of the works on the chain;using smart contract preset rules to establish a block chain copyright registration error tolerance and error correction mechanism.Thirdly,copyright rules should be adjusted accordingly.The Interim Measures for Voluntary Registration of Works should be updated,the functions of copyright administrative departments should be adjusted,qualified blockchain copyright registration institutions should be included in the scope of registration subjects.The registration antagonism of copyright transfer should be adopted in the Regulations on the Implementation of the Copyright Law,and the credibility of blockchain copyright registration can be given according to the circumstances.Fourthly,the regulation and supervision of blockchain industry in copyright registration should be strengthened.At the legal level,the legal responsibility system based on node obligations under the alliance chain mode is constructed,and the legal responsibilities of regulators,registration agencies and technology providers are clarified.Secondly,encourage industry self-regulation,improve self-regulation rules and promote the establishment of unified standards and guidelines;in addition,self-regulation of the industry is encouraged by improving self-regulation rules and promoting the establishment of unified standard guidelines;lastly,we should learn from foreign regulatory sandbox mechanism and "chain governing chain" dispute resolution mechanism to innovate the way of blockchain copyright registration supervision.
Keywords/Search Tags:blockchain technology, copyright registration, blockchain copyright registration agency
PDF Full Text Request
Related items