Application: How does blockchain protect copyright?

In 2018, the Hangzhou Internet Court confirmed the effectiveness of blockchain evidence for the first time, which symbolized that blockchain technology officially entered the field of copyright confirmation and copyright litigation. At present, blockchain deposit certificate has become a new mode of copyright registration and confirmation, which improves the high cost and inaccurate confirmation of traditional copyright owners, and at the same time can reasonably distribute the benefits of relevant rights holders. In the process of judicial litigation, blockchain evidence is reflected in the process of depositing evidence in specific cases, in the process of demonstrating evidence in case trials, and in the process of judge certification.

Based on the characteristics of blockchain technology, this paper analyzes and summarizes the application of blockchain technology in the process of copyright confirmation and copyright infringement litigation, and finally expounds the doubts and solutions of blockchain technology in the field of copyright.

1. The application of blockchain in the copyright confirmation sector

In the process of copyright confirmation, blockchain technology can reduce the cost of the copyright owner's confirmation of rights in the copyright protection center. Its unique time stamp technology realizes the precise right of copyright, and finally uses smart contract technology to reasonably distribute the income among various subjects. .

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1. Reduce the cost of right confirmation

In the process of traditional copyright confirmation, the cost of copyright registration is not only reflected in the registration fee that the parties need to pay the copyright protection center, but some copyright owners also hire professional agencies to handle copyright registration and pay intermediary fees. In addition, the time cost of the copyright owner is also relatively high. Generally speaking, the cost of traditional copyright confirmation is relatively high.

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Blockchain technology can very well lower the cost of confirming rights for copyright owners. The copyright owner puts the content-zce on the chain when creating, and the content-zce on the chain can be stored and updated in real time without being tampered with. In the alliance chain, the copyright protection center is used as a verification node to quickly confirm and register the copyright owner's work and improve registration efficiency. , to reduce the cost of confirming the rights of the copyright owner.

2. Achieving precise right

In the process of confirming the rights of traditional copyright holders' works, there is always a certain time lag between when the work is created and after the work is confirmed, and there is no good connection. The unique time stamp technology of the blockchain can accurately record the time when the copyright was formed to achieve precise and accurate rights.

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3. Smart contract technology distributes income reasonably

Blockchain technology completely records transactions such as copyright licensing or transfer on the chain, and records the income distribution of relevant transaction entities. When the relevant smart contracts are executed, the income can be reasonably distributed among the various entities. NFT artworks are currently widely used. NFT artworks can automatically and reasonably distribute remuneration among various subjects, reduce case disputes, and at the same time increase the income of copyright owners.

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2. Application of Blockchain in Copyright Litigation

The main application of blockchain technology in copyright infringement cases is reflected in the process of blockchain storage, demonstration and certification.

1. Blockchain deposit certificate

There are currently two main ways to store evidence in the blockchain. One is to directly form electronic evidence on the blockchain, and the other is to upload the blockchain to other media to generate electronic evidence. The first type of blockchain evidence storage is more likely to be recognized in judicial practice, while the second type of blockchain evidence storage method is more subjective and self-interested, and the authenticity of the evidence is questioned. Although my country does not expressly stipulate the use of blockchain evidence as electronic evidence, the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedures" has detailed regulations on "electronic data" evidence. Article 14,

"Other information stored, processed, and transmitted in digital form that can prove the facts of the case"

It can be used as support for the legitimacy of evidence types after blockchain deposit.

2. Blockchain proof

During the trial of a specific case, the parties need to submit the evidence obtained using blockchain technology to the judge for verification of the authenticity of the evidence. Specifically, the parties submit the block hash value, time stamp and corresponding public key where the case evidence is located to the presiding judge of the case to verify the authenticity of the information.

3. Blockchain authentication

After receiving the public key of case evidence submitted by the parties, the judge verifies the information on the corresponding block through the blockchain evidence storage platform (system). In some cases, judicial personnel may not be familiar with the specific issues of the application of blockchain technology, and they can verify the authenticity of the evidence based on the application of the parties or hire professional technicians ex officio.

3. Questions and solutions for specific applications

During the application process of the blockchain technology in the aforementioned sectors, the judiciary will mainly face doubts about the qualifications of the corresponding blockchain certificate storage platform, which will lead to the judiciary’s disapproval of the authenticity of the evidence obtained by the blockchain technology.

Specifically, the following solutions can be selected:

1. Choose a blockchain certificate storage platform approved by the judiciary. For example, the Tianping Chain connected to the Beijing Internet Court. Generally, the court, notary office and judicial appraisal center will form key nodes on the alliance chain of these blockchain certificate deposit alliance chains to verify, and the evidence obtained is endorsed by the public authority, and the obtained evidence is more likely to be recognized by the judicial authority.

2.  Blockchain evidence "deemed original" rule. my country's "Civil Procedure Law" stipulates the types of electronic evidence. Blockchain evidence is mostly presented in court as electronic evidence and the original is provided. However, during the trial process of the judiciary, the blockchain evidence itself should be regarded as the original evidence. According to Article 15 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedures",

"Where the party uses audio-visual materials as evidence, it shall provide the original carrier on which the audio-visual material is stored. If the party uses electronic data as evidence, it shall provide the original. The copy made by the creator of the electronic data is consistent with the original, or it is directly derived from the electronic data. Printouts or other displayable and identifiable output media shall be regarded as the original electronic data.”

The blockchain evidence should be "deemed as the original" and have the authenticity of the evidence.

3. Traditional evidence preservation and support. Judicial authorities in some regions do not recognize the evidence provided by the blockchain platform during the trial of specific cases, and believe that the blockchain evidence storage platform has not obtained an electronic certification service license, and the evidence obtained using blockchain technology does not recognize its effectiveness . At this time, in the litigation process of specific cases, the traditional notary office still needs to preserve the evidence.

Blockchain technology has incomparable advantages in the process of copyright confirmation and litigation, but how to legalize the qualifications of blockchain platforms and make blockchain evidence more legally effective remains to be done after the improvement of blockchain legislation technology. Provide guidance.

References

Gao Qi. Blockchain Evidence in Copyright Litigation under "New Regulations on Evidence": Demand, Regulation and Governance Responses [J]. Electronic Intellectual Property, 2020 (09): 91-101.

Zhang Yujie. Judicial Application of Blockchain Technology, System Difficulties and Innovation of Evidence Law[J]. Eastern Law, 2019(03): 107.

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