Internet Copyright Encounters protection dilemma

Absrtact: Literature, songs, movie users most often enjoy the free online resources, often dragging the tail of copyright infringement, which seems to be a microcosm of the plight of China's copyright protection. The 12th World Intellectual Property Day of April 26, the Internet leader Baidu officially opened

Literature, songs, movies ... Internet users most often enjoy the free online resources, often dragging the "copyright infringement" tail, which seems to be a microcosm of the plight of China's copyright protection.

April 26 the 12th World Intellectual Property Day, the Internet leader Baidu officially opened the home page text chain, the joint National Copyright Administration, the joint Publicity Network intellectual property protection work.

In the context of Internet piracy as a global problem, this is regarded as a "new attempt to protect Chinese copyright".

Chisangiang, a professor of intellectual property law at Peking University Law School, told China Youth Daily that how to keep a balance between "free communication" and "copyright protection" is a difficult breakthrough for the government, internet operators, copyright owners and the general public. ”

As far as the present situation is, the surface of copyright protection in our country is a problem of execution level, and the deeper one is the social concept. "The modern copyright consciousness is ' paid to use ' rather than a free lunch ', but this awareness has not yet been established in China," says Qu. ”

Piracy infringement, no "net" does not have?

Google Library has been accused of infringement, BT China and other AV download sites were cleared, 22 writers group Action Apple App Store ... As many intellectual property experts have confirmed to the Chinese youth Daily, the Internet platform has become the "hardest hit" of piracy infringement.

Kuanwenpo, a professor of journalism at Renmin University of China and a network communications expert, said the situation was almost to the extent that most domestic websites were "spared".

"In the three major sectors of traditional intellectual property protection-copyright, trademarks and patents, 90% of lawsuits cases are concentrated in the field of copyright, and piracy on Internet platforms is more frequent." "said the three strong. Zhang, Director-General of the Chinese Writing Copyright association, points out in a comparative way, with the perfection of copyright legislation and the increase of law enforcement, in recent years, the traditional text publishing field of copyright protection "has a great improvement", but the Internet environment of the text, audio-visual and books are pirated, "the situation is still serious." According to media reports, as of June 2011, the National Copyright Administration in 2010-2011 years to investigate and punish network piracy cases 1148.

"The forms of Internet piracy are also changing: some resource-sharing platforms, e-commerce sites and deep links are all in different forms of infringement." Among the various websites, between the website and the traditional media, reproduced the article without paying the phenomenon is widespread. Some large databases, data companies, and many copyright owners of the works on the internet sales. Zhang told reporters.

Why does the Internet have such a big "magic"? In Zhang's view, the internet era, "copy everywhere, no time" characteristics, first of all, the traditional copyright protection "powerless."

"In the era when the Internet is not universal, the author sells the right to copy his work, whether the publisher sells a paper book or a CD to the consumer, in fact selling the content in the form of selling media." "Zhang told China Youth Daily," but in the digital age, the physical media completely disappeared, the content only in digital form of virtual existence, copy into a data flow, digital content no matter how many times it is copied, it is there, no increase, the cost is approaching zero. ”

Chisangiang said that the vast amount of information in cyberspace, the rapid development of a variety of transmission technology, but also for the internet piracy Tort wear "protection cover." "Due to the openness, rapidity and fluidity of the network space transmission, the infringing works are often downloaded, disseminated and ' Mehujael ' by a large number of Internet users before being discovered. This also makes the internet piracy rampant, is not a unique phenomenon in China, and become a worldwide problem. "he told reporters.

The concept of "paid use" has not yet formed

Rampant network infringement, the rights of copyright owners of the resistance?

In Kuanwenpo's view, resistance comes mainly from the legislative level, such as the heavy "cost of proof" and the not-so-costly compensation. "Once found that their articles are illegally reproduced, as individuals, your investigation will be very difficult to obtain evidence, even if the rights of success, compensation is often only according to the remuneration standards, the rights of pay and compensation is not proportional." ”

However, more experts, such as the song three, the legislation is not backward, more is the implementation level of the problem, "and the deeper is the concept of modern copyright." "At present, our country has basically established a set of copyright law as the core, a relatively complete copyright protection system, the criminal law, tort liability Law, the general principles of civil law also from different angles, for copyright protection." In other words, the existing legal provisions can basically be a comparative system of copyright protection. "But when the international rules are imported into the country, there must be a process of" localization ", without the response of the people, then" the Acts Act cannot be ".

He told reporters that in Chinese traditional culture, it is difficult to find the concept of "private knowledge" and "Copyright monopoly", "We have a lot of" stealing books are not stolen. In the Chinese cultural atmosphere, can not find as a private right to rely on the concept of copyright. ”

In the third, the concept of modern copyright has not yet formed, making the majority of the public accustomed to the "free lunch" under the inspiration of everyone upload, everyone to download the model to "free" to share other people's works, or the network environment under the protection of one of the biggest resistance.

China Youth Daily Reporter search found that in micro-blog, broadcast bar, such as resource sharing platform, can be seen in a number of regular upload of other people's works as the characteristics of "enthusiastic users", and some in half a year, upload thousands of film and television dramas.

"As a platform to share the site, when you receive millions of of documents every day, whether from human, material or technical, the infringement document may be ' impossible '." "Cheng Tao, an engineer who worked in Baidu's library for nearly two years, said to the Chinese youth daily.

Cheng Tao told reporters that Baidu has been spending great efforts on infringing works "encircle", including directly to the country nearly 600 copyright owners to "remove infringing content" of the fast channel. "In addition, the cumulative deletion of 320多万部 unauthorized upload works, also developed a ' library copyright works DNA Identification Technology ', the establishment of a genuine database in the library, when a user uploaded documents, automatic information recognition, comparison, when reached a certain degree of similarity, the uploaded works will be judged as pirated , no upload. "he said.

However, Cheng Tao admits that this is a "difficult" battle. Whether the technical defense or the air defense, in the Internet environment are unavoidable "exhaustive".

"For example, some works have been modified, decomposed, reorganized into a new work, many complete novels by the author's initiative to upload, in the popular novel, fan novel, the same name of the text works may be written by different authors, which let the identification of infringement greatly complicated. He said that in most cases, in addition to increasing the number of staff, they would have to make use of the reporting channel to commit to handling complaints within 48 hours.

"Even so, the average complaint we receive every day is only dozens of, which is probably disproportionate to the amount of daily uploads." He lamented.

"Bridging the information gap" and copyright protection at daggers?

In Cheng Tao's view, the plight of Chinese-style copyright protection ostensibly is "free lunch" and the copyright protection of saw, digging deep, or rooted in the social development phase of the real soil. Chisangiang that the copyright system is a ' rules of the game ' of the "International Rich Club", and we still belong to the ' grassroots of the poor '.

"Poor grassroots" consumer genuine have their own difficulties.

"Why are so many people buying pirated and downloading pirated copies?" A small book of less than thirty or forty Yuan, 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. "The Netizen" wangyuling0012 "The question, perhaps represents a considerable part of people's worry--to the information and the knowledge inequality obtains, may let the strong constant strong, the poor person's poverty.

Jin Haijun, an associate professor at Renmin University Law School, told reporters that he was actually looking forward to the advent of Google Library, a platform for people around the world, especially in developing countries and regions, to gain knowledge.

Cheng Tao also told reporters, Baidu Library is the earliest in a group of teachers and remote areas of peer sharing lesson plan "trial run" up. At that time, I was hoping to have a place where we could share all kinds of knowledge and educational documents for free. Later found that the users of the novel upload and share the volume also grew fast, a year later, the number of literary works has accounted for 8%, traffic accounted for 10%, the issue of copyright can not be avoided. "he said.

"Bridging the information gap" and copyright protection, is it a certain enemy? In the third of the song is not necessarily. He told reporters that the establishment of a reasonable copyright system on the basis of fairness and justice can completely create a "win" situation, the key is to solve the "paid use rather than free lunch" problem. Among them, the transformation of the concept of the common people is a difficult task, in addition, there must be external soil.

Reporters from the Beijing Copyright Bureau learned that some of the domestic web site has taken the first step. At the beginning of 2011, there were seven video sites set up a "pay-for-demand alliance" to try to carry out a paid business. Over the past year, the league has gradually expanded to 10, and the "pay-for-watch" era is expected to come ahead.

Cheng Tao told reporters that Baidu last December also launched a "library bookstore", the copyright party authorized genuine works users can pay to read, the proceeds and the copyright party divided. However, taking into account the consumption habits of most of the domestic users, most of the operators I know are still using the mode of advertising, that is, users can still enjoy the free reading, listening to music, while the copyright can be divided into the ads to achieve their due benefits. "He confessed.

According to Baidu related people, since 2006, Baidu began to work with record companies to explore the digital music win mode, has been with the IFPI (International Association of the Music Industry-journalists) and the Sound of the association, including more than 500 music copyright agencies to cooperate. No matter which website the link comes from, as long as the play or download behavior, Baidu will be to the record company and the right to pay the lyrics. In the past two years has paid tens of millions of Yuan edition fee.

But Zhang hints that, in addition to government regulation and Internet operators self-discipline, if the lack of public participation, the "Battle of copyright" will be doomed to a "less people" war. Because "in this time, each of us may be copyright owners."

"For example, if I write a microblog, I have copyright, and no one else can use it in the book without authorization." He said that raising the awareness of copyright is actually "a matter for everyone".

A netizen message: "Everyone wants to enjoy the" convenience of infringement, and hope that their copyright is better protected, this is unrealistic. To change this mindset, Chinese copyright protection can really get out of the present predicament. ”