Investigation of copyright protection in Network era: The burden of proof is too heavy to protect the rights

From March 15, Jia Ping-ao, Han and other 50 writers released the "Chinese writer denounced Baidu book," the author of the league and Baidu Library "war" has been half a month, but the intellectual property experts are not optimistic about the prospects of the rights of writers.　　Zhang Ping (column), Director of Internet Law Research Center, Peking University, said March 31 that the author's right to defend the future is "not optimistic", influenced by factors such as the burden of proof in intellectual property cases. She also said that the modern network technology itself has put forward to the copyright system unprecedented new problems, "in the world all the protection of network copyright ' powerless ', must think of a new copyright system to meet the needs of the times." "The heavy burden of proof and the cost of the writer's Alliance to defend the rights of the behavior, network public opinion mostly expressed understanding and support." He Bing, vice president of law School, China University of Political Science and political Science, said Baidu Library does not pay royalties to the author works to pull the site's traffic, tort "almost can be identified."　　But the intellectual property experts, such as Zhang Ping, remind the writers of the rights, because of the particularity of intellectual property, if the writer really embarks from the moral platform to court plaintiff, it may become a kind of sense of "vulnerable group". "Intellectual property cases on the burden of proof, the judicial process, and so on generally have very strict provisions, but also in the international." This means that the writer's rights, in addition to their own strength and large network companies ' singles alone ', but also to pay high time costs, bear a heavy burden of proof. Zhang Ping said that when copyright infringement, writers can only "one side of proof to go to the end."　　For Chinese writers without a strong copyright agent, it is "not an easy way" to lay down their creations and fight a protracted lawsuit. Liu Jiahui, a lawyer at Beijing de run law firm, also suggested that China's current legal standards for such compensation are "very low", often thousands of words of the work was infringed, and won only hundreds of yuan compensation. "This low compensation system, which is hard to fill with basic losses, also gives writers a lack of power to defend themselves by legal means."　　"she said. Legislation is not backward according to Zhang Ping, at present our country to the Internet environment copyright protection legislation is not backward.　　In addition to acceding to the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty, the two international treaties, China has also enacted the "Information Network Dissemination Rights Protection Ordinance" to specifically protect the information network dissemination rights. In addition, the Tort Liability Act 36th also clearly stipulates the network users and network service providers tort liability. January 11 This year, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued a joint report on the application of law on infringement of intellectual property rights of several issues, will be free to provide infringing works to increase site traffic clicks, indirect charges model, also identified as "for the purpose of profit",　　and stipulates that the infringer can not provide the copyright owners agree to use their own work to prove, it may be identified as "without the copyright owner's permission." "But these slogans are so loud that they are hardly as well protected in reality." ' There's no wayAccording to, the situation of lax enforcement is widespread. Liu Jiahui said that, coupled with the Chinese public's sense of copyright has not been established, the site arbitrarily reproduced unauthorized works of the risk is very low, an accident can also be "safe haven" principle to exempt, a right to protest, the works deleted, "This allows the Chinese copyright owners almost at any time in the state of ' infringement '." "The first safe haven principle came from the Digital Millennium Copyright Act, which was enacted by the United States in 1998, in case of copyright infringement cases, such as ISP (Network service provider) only provide space services, do not create Web content, if the ISP was informed of infringement, there is the obligation to delete, otherwise it is considered infringement.　　If the infringing content is not stored on the ISP's server and is not informed about which content should be deleted, the ISP will not be liable for infringement. On the difficulties of copyright protection in the Internet age apart from the enforcement of the law, Zhang said that the confusion of copyright protection in the Internet age is not unique to China. In fact, in the game of network development and copyright protection, "The whole world is powerless to protect network copyright". "" And China, the Internet power, because of the demographic effect and network effect superimposed together, the problem is particularly prominent.　　"she said. Zhang Ping said that the rapid development of modern network technology, first of all, put forward a new problem of copyright protection. "Our existing copyright protection system is based on the traditional ' one by one mandate '," he said. But the contractual relationship has changed in the internet age, with a variety of ' technology ' sites as new communicators. This means that when your work is arbitrarily used by a website, it is likely that a copyright-free network technology will make you unable to find an ' activist object '. "For example, in the cloud computing technology, which aims to" unify management and dispatch "of a large number of network resources, each resource-providing network is called" Cloud ", and the" cloud "can be extended infinitely, readily available and on demand. "Most likely, without your awareness, your work will be stored in the cloud," he said. At this time you even work on which cloud can not find, let alone to find which site rights protection.　　"In addition, even if the copyright owner to a certain website has the authorization, in the Future telecommunication network, the Internet and the cable television network" The triple net unification "trend, how to judge the authorization, the infringement or not, still is the traditional copyright system cannot answer question. "These technologies are unstoppable, how to implement copyright protection in the process of technological progress, all countries in the world are exploring."　　Professor Zhang said.　　The "necessary sacrifice" of the copyright system? In addition to technical reasons, Zhang said that in the Internet environment, the national justice in order to balance the Internet freedom, openness, sharing advantages and the interests of copyright owners, sometimes the copyright protection "to make the necessary sacrifices." "In the public eye, they seek the greatest satisfaction of convenience and personal purpose." The ubiquitous internet makes the ' threshold ' of infringement less and less, and the internet makes it easy for the definition of ' illegal uploads ' to become blurred in the public eye. "Even in Britain and America, copyright protection is greaterCountries, are also facing such problems. Copyright protection in the Internet era also faces several additional difficulties for China.　　Apart from balancing the development of the information industry, the interests and affordability of the public are also factors that must be addressed. Baidu Library in the writer's Alliance under the "offensive" to establish a "cooperative platform" and "Copyright Party Green Reporting channel" after the Netizen "wangyuling0012" but questioned: "Why so many people buy pirated, download pirated?" A Little book thirty or forty, a box of tapes fifty or sixty. There are still a lot of poor people in China, especially the students, because they can't get knowledge without money. So the poorer the less knowledge of the people, forming a vicious circle. "In addition, Zhang Ping said that the appeal of the copyright owners are facing the same" both want to spread and fear of infringement of the contradictory mentality. "Such as the Writers ' Union, there are well-known writers who want high protection, high royalties, and scientific and academic people who want more communication and respect for their work, as well as grassroots authors who want to raise their attention without copyright. The existing copyright system is difficult to meet the needs of multi-level and pluralistic. "The Government may consider introducing guidance prices although the Internet to copyright protection posed a variety of challenges, but Zhang Ping, said that the spirit of the Internet and copyright protection is not contradictory, a piece of work away from the network transmission, it is difficult to obtain long-term development.　　Therefore, she believes that the establishment of a Chinese-style network environment Copyright licensing mode, so that "free dissemination, paid use" to become the principle, so that copyright owners, websites and users of the three "cooperation and mutual win" should be a better way out. "Copyright owners who have different requirements for Internet communications can easily mark their own requirements for copyright before publishing them on the website, just like the prices in supermarkets." "Grass-roots authors can choose to spread their ideas ' free ', and celebrity writers can also have more benefits," Zhang said. So that the interests of copyright owners can be ' personalized ' satisfaction, network users do not have to bear the moral condemnation, service providers operating risk will be reduced. "Internet service providers can take out paid money from advertising revenue, the proportion of which can be set by the National Price Department to guide the reference zone." For example, Google in the United States has made 63% of profits to pay for copyright-related costs, according to China's national conditions and the size of different sites, this ratio between 20%~60% is more in line with the actual situation.　　"said Zhang. Taking into account the cost of payment, Zhang Ping suggested that other areas of copyright protection can be used for reference, "can be benefited by the agent, and then transferred to the copyright owner, the site does not need to take the initiative to find tens of thousands of rights, one to send money, as long as the problem found, to find "Intern Wang Mengyu