Research and analysis of copyright issues in China

2022-09-21
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Research and Analysis on copyright issues in China's digital publishing industry

today, when the online video industry is deeply involved in the war of infringement, and the recording industry and the literary industry are busy defending their rights, digital publishing, an emerging industry whose output value has quadrupled in five years, is somewhat embarrassed on the road of rapid development. Without the visible hand of the government, the copyright problem of China's digital publishing industry will undoubtedly play a decisive role in reducing production capacity this year, which is bound to affect the healthy development of digital publishing. Liu Yicheng, Deputy Secretary General of the China Copyright Association, said

the war of words highlights the lack of system

just as the Beijing Fair announced that the output value of China's digital publishing industry quadrupled during the Eleventh Five Year Plan period, the war of words about digital copyright between Tencent, Sohu, PPS and other video stations has intensified

Liu Chunning, general manager of Tencent's video department, said recently that he had formally filed a lawsuit against PPS for the illegal broadcasting of "Beijing love story" and claimed 10million yuan. PPS quickly fought back and said that at the first stage, Tencent had obtained evidence of stealing more than 80 exclusive mainland dramas of PPS, with more than 3000 episodes, and had obtained evidence of 173 exclusive copyrights of Sohu stealing PPS

experts believe that the main reason for the dispute is that the current competition between video stations tends to be white hot, and the phenomenon of industry homogenization is becoming increasingly serious. In addition, video stations do not hesitate to spend a lot of money in the process of competing for the copyright of film and television dramas in the early stage, resulting in greater cost pressure, which has stimulated the contradiction of copyright disputes under the current situation of this industry

at this stage, the development of the digital copyright industry is relatively chaotic, and some Internet enterprises even develop on the basis of infringement, which is an abnormal phenomenon. In an interview with economic information daily, Li Mingde, director of the intellectual property center of the Chinese Academy of Social Sciences, stressed that although the legal rules have been relatively perfect, the punishment and compensation are obviously insufficient, which also makes enterprises or individuals organic

it is worth noting that in the process of safeguarding rights, the purpose of the enterprise is worth pondering. Wu Zhenhua pointed out that in the infringement litigation, some enterprises belong to malicious litigation, or for the purpose of increasing popularity, or for other purposes. He stressed that the guidance of enterprises should be strengthened to improve the hearts of enterprises to users and themselves. In addition, improving the institutional protection for copyright owners and standardizing the reasonable and legal transactions of enterprises are also important aspects to make the copyright market more reasonable

the habit of free consumption is debatable

although mobile reading is very popular, its development still encounters the embarrassment that consumers are unwilling to pay. According to the report released by Analysys International a few days ago, the proportion of users unwilling to pay in the reading market this year was 27.8%, slightly higher than last year. Analysys International believes that the main reasons for this situation are the gradual reduction of the threshold for users to obtain information and the failure to develop payment habits

China's digital publishing is in the initial stage of rapid growth, with its own unique development trajectory and different profit models. No matter what kind of profit model, the current consumption habits of digital publishing are obviously not conducive to the healthy development of the industry. As the audience, the public has been used to using or watching the content of the Internet for free for a long time, which also caused the abnormal market environment of the digital copyright industry at this stage. Li Mingde said

Tong Zhilei, chairman and President of Chinese, said that at present, domestic mobile reading is encountering many problems, such as content quality, profit model, copyright issues, user payment habits and so on. Coincidentally, the digital music industry is also facing similar problems. Cai Ling, a researcher at CIC consulting, said that paid downloading is a model that most companies admire and eagerly hope for, but there are still many problems in implementing this model: first, the industrial environment, and second, the industry itself. He believes that the main problem in the industry environment is copyright. To solve the problem, we should establish relevant laws and regulations to bring the stations that provide digital music into the network supervision; Unify the technical standards of digital copyright protection; Promote the development of digital music copyright trading platform and promote the legalization. The industry itself is mainly to improve and create new business models. First, digital music companies should expand distribution channels, strengthen content integration and enrich supply forms, and provide differentiated services for users

In an exclusive interview with economic information daily, Peng Jian of the Cultural Development Research Institute of Communication University of China said that at present, the problems of digital copyright in China are mainly reflected in six aspects. To usher in the spring of digital copyright development, relevant policies need to be adjusted from the following six aspects

the first is the definition of legal concepts. Digital copyright involves reproduction right, network communication right, compilation right, adaptation right and so on. And with the emergence of every new digital form and new media, it means the adjustment of the content of rights. Under this rapid change, it is difficult for copyright users, agents, authors and regulators to agree on authorization, licensing and sharing with copyright owners. There are also many different expressions for digital copyright: digital copyright, electronic copyright, digital product right, network copyright, multimedia copyright, etc., which need to be modified by the copyright law, or formulate detailed rules for digital copyright, and agree on the type, mode of use, communication carrier, communication media, use conditions, etc. of each right. That is, the traditional copyright law in the digital age, through the introduction of implementation rules, constantly improve the adjustment problem

the second is the problem of administration. At present, the management functions of traditional publishing houses, radio, film and television, Internet and other industries are scattered in many departments, such as culture, publishing, radio and television, industry and information technology. After the digitization of the content and communication mode of these traditional industries, how to form a new management system that breaks through industry restrictions? Propaganda, public security, industry and Commerce and other departments are also involved in relevant administrative management. How should the relationship between departments be coordinated? Peng Jian suggested that in order to solve the above problems, China can learn from foreign ideas and establish a special agency for digital copyright protection

the third is the digitalization of technical standards and management. Digital content production requires a unified industrial alliance to formulate industrial technical standards, content standards and digital licensing technology, so that the copyright of massive works can be digitally licensed. Otherwise, the development of digital copyright in China will always face difficulties in authorization, sublicense, monitoring and management. In addition, because the digital copyright industry is characterized by the digitalization of content production, product form and communication channels, it is of course necessary to realize the digitalization of management process. We should make full use of advanced digital technology to solve the problem of copyright protection in the digital environment, such as some digital encryption and authorized decoding technology

the fourth is business model innovation. Peng Jian believes that China cannot protect copyright with tenacity. We should consider the protection from the way of copyright circulation and copyright transaction, form the business model innovation of the digital copyright industry, and turn the post dispute handling of digital copyright to the prior benefit distribution

the fifth is the issue of professional or collective rights protection. It is difficult to safeguard digital rights, so we need to innovate the mechanism of safeguarding rights. Peng Jian said that many obligees have spent energy and economic costs to protect their rights, and have received limited compensation. It is difficult to determine the amount of infringement, and the benefits of litigation are not worth the loss. China can develop the copyright collective rights protection system, support the development of copyright collective management organizations, and serve obligees and industries. Professional rights protection institutions can also be developed, such as foreign copyright banks

the sixth is the development of digital copyright industry chain and the problem that DSM's materials can meet customers' needs for higher security and reliability. Peng Jian proposed that the existing problems should be gradually improved by industrial development. At present, the imbalance in the distribution of interests in the digital industry chain is obvious. Platform operators and technology operators of digital copyright obtain most of the interests by virtue of the monopoly of communication channels and customer resources; Copyright agents and copyright authors lack the right to negotiate and price, and the income is very small. Consideration should be given to gradually improving the industrial chain

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