Recently, is is the GongSuo liancheng copying qiong precious jade "plum blossom flipping a ruling effect three years later still refused to apologize, Beijing intermediate people's court according to the application of qiong precious jade to enforce 陈喆 (small) and yu) (in) the infringement of copyright disputes, as is should bear the cost 336000 yuan announcement. At this point, the symbol of the case of enforcement of the infringement.
In fact, with the growth of Internet cultural consumption, copyright disputes in the field of culture and art become more common, and the relevant online copyright identification becomes more complex. In the face of the new era of digital culture industry development trend, which will give response to copyright legal system construction, in order to protect the original, encourage innovation and the implementation of intellectual property strategy, become the hot topic.
The Internet has become a serious infringement of the disaster areas difficult to draw evidence case trial
Reading novels, watching video, playing games, listening to music, in the mobile payment is very convenient, more and more people are accustomed to put cultural consumption on the Internet, artificial intelligence, e-sports, live more active development of new forms, such as increasing technical means and contents of the multiple forms in providing innovative space, through subdivision industry at the same time, also has brought new challenges to copyright law.
"When people watching from the Internet and download the edited version of the film and television play, remove the original signature transmitted to others, in the website, Internet radio broadcast live on singing music or reading classic works to earn exceptional, actual has been suspected of infringement." Both the Beijing lawyer at jiang-hua deng, the Internet in the novels, video, music, pictures, etc besides has been the case such as copyright protection, basic enjoy copyright works belong to others. The use of secret means to steal other people's achievements will not only lead to civil liability for violation of copyright law and general principles of civil law, but also criminal liability if the circumstances are serious.
According to the data released by the supreme people's court, in 2017, there were more than 137,000 copyright cases in China's civil first instance of intellectual property rights, a year-on-year increase of 57.80%, far surpassing trademark and patent cases. While the number of cases has increased, the trial is stuck in the proof process. It is difficult for the plaintiff to assess the amount of loss, and the defendant is often unwilling to provide accurate profit figures. In addition, in the cases of infringement of the Internet platform, there are many limited to base information defect and forced to shelve the defendant, a large number of overseas servers become digital infringement umbrella, for the rights of the fog on the cover.
The stubborn problem of easy infringement needs to be solved, and the pain point of power confirmation is more painful in the Internet environment. In accordance with the provisions of article 11 of the copyright law of the People's Republic of China, copyright belongs to the author. In the environment of traditional culture industry, the author confirms the right of authorship through publishing, publishing and publishing of newspapers and articles. But under the network environment, the original works are usually recorded on digital storage devices, electronic data and easy to be copied, combining with legal practice for electronic data that has not done detailed specification and the recognition of the reality, it is much more difficult to confirm the author identity clearly.
The legal system construction has the short board industry "driving without a license" hidden danger many
On the Internet, it is forbidden repeatedly and is closely related to the low legal compensation for infringement. Take the largest reservoir literature in China's IP industry as an example. Once infringement occurs, the copyright owner has lost the initiative to create the "image" of the work. On the other hand, "culture +", "technology +" and other industries have accelerated their integration development and the success of IP adaptation development model, which has enabled a large number of products to break through the inherent industries. Influential literary works can easily be incorporated into industrial chain operation link, through the law to maintain copyright procedures multifarious, manpower and material resources, financial resources consuming and often end up living beyond its means, the result of the lost "won the lawsuit, the market" the phenomenon everywhere.
In response, Beijing intellectual property court a judge said: "the digital culture industry wide category, flexible form, therefore, under the digital environment tort and has a greater effect on the interests of the copyright owner. In order to better protect the interests of copyright owners, the Beijing intellectual property court has made great efforts to increase the amount of compensation and has achieved great results.
The amount of tort compensation is far lower than the actual loss, which inhibits the industry's enthusiasm to protect rights. The criminal cases of copyright have different punishment scales, and the current situation of "different judgment of the same case" is difficult to regulate vicious infringement cases. Behind the lack of deterrent power of copyright law, it reflects the deficiency of law enforcement and the shortcoming of social service. "The legal system of copyright is not perfect, the environment of copyright protection needs to be optimized, the trade of copyright resources is not smooth, and the problem of insufficient balance in copyright creation, protection and application is still unresolved." The head of the relevant departments of the national copyright administration said at the China Internet copyright protection conference 2018 held recently.
The above problems can also be seen from the disputes between sina.com and ifeng.com about the live broadcast of "China super league". In sports cultural industry development is the present, sports rights recognized and protected mode, whether the event live coverage constitutes copyright law in the sense of work, such as problems directly affect the industry development. Through the analysis of Beijing intellectual property court, China copyright association, China intellectual property law research institute and other institutions, it is preliminarily determined that the broadcasting organization right is caused by the vacuum in the network field. "Live online behavior really greatly influence the sports related obligee's interests, in the framework of the existing copyright law, China's radio broadcast is not included in the right of live online behavior. If the act of webcast broadcasting can be included in the scope of broadcasting organization right, the problem will be solved easily. "Said a judge at the Beijing intellectual property court.
Experts were recruited and the country responded to the new requirements of an innovative society
With the rapid growth of network literature, music, video and other subsectors, the network core copyright industry has ushered in the structural transformation of user payment. Digital culture, meanwhile, development of new forms to be legal escort, in-depth implementation of the innovation driven development strategy and the power of socialist culture construction are put forward new and higher requirements for copyright protection work.
In recent years, in the face of the rapid renewal of Internet content forms and the change of infringement means, the relevant departments of the state have made frequent efforts to improve the protection of intellectual property rights and innovate the supervision mode of Internet copyright. At the end of February this year, the office of the People's Republic of China and the office of the People's Republic of China issued the opinions on strengthening reform and innovation in the field of intellectual property trials, which injected strong impetus to the development of China's copyright industry. The system of punitive damages for infringement appeared in this year's government work report. In 2017, the Supreme Court approval in 11 cities such as nanjing, jinan, shenzhen set up special courts across the area under the jurisdiction of intellectual property rights, to further promote intellectual property cases the referee's unified standard, scale and quality improvement. In 2017, the state copyright administration, the state administration of Internet information technology, the ministry of public security and the ministry of industry and information technology jointly launched the 13th special campaign against online copyright infringement and piracy, "sword network 2017". China mobile Migu and the national copyright administration signed a memorandum of cooperation on network copyright protection, and the state linked with enterprises, so that the crackdown covered the upstream and downstream of the industrial chain of piracy.
The series of measures announced that the government, the judiciary, the industry all join hands to open a new chapter of copyright protection. At present, the revision of copyright law has also been in the relevant areas to solicit opinions, to absorb reasonable views.
Wang qian, a professor at east China university of political science and law, said: "in recent years, the adjudication of online copyright infringement disputes has been increasing. New technologies have provided convenience for law enforcement departments, among which VR, WeChat public account, hotlinking and other forms have become the judicial focus. With the improvement of the validity of the universal law, the awareness of copyright owners to protect their rights and users to use their works in accordance with the law has increased significantly.
As for how to realize the goal of becoming a powerful copyright country, experts suggest that in the network environment, the legislation, judicature and law enforcement of copyright law should find the right orientation and entry point and focus on the systematic construction. Relevant departments should timely summarize new situation, new experience, strengthen the scientific reasoning, modify the copyright law to provide new ideas and new solutions, to adapt to the mobile Internet era, innovative society for copyright protection, trade, management and service of the new requirements.