How should we protect copyright in an era of advanced information?
1. Borrow new technological means.
Online copyright holders can proactively use some technical means, such as currently popular digital watermarks and electronic signatures, to mark their online works. In this way, the author's identity can always be identified during the dissemination of the work. In fact, a new, fast and convenient self-service copyright protection method in the digital era - the "time stamp" service has been recognized by the "Electronic Signature Law of the People's Republic of China". Data messages (electronic files) stamped with timestamps ) can be used as valid legal evidence. Therefore, it will be helpful for authors of online works to apply for timestamps in a timely manner and obtain the first time proof of the existence of the work and the integrity of the content, which will help protect their author rights.
2. Register their online works.
According to the relevant provisions of the "Trial Measures for Voluntary Registration of Works", online copyright owners can register their online works with the copyright bureau of their respective regions. In addition, the "Computer Software Registration Measures" also have similar provisions. It should be said that copyright registration plays a positive role in clarifying the ownership of copyright rights, reducing disputes, and maintaining the security of copyright transactions. It is also the strongest evidence in judicial practice.
With the continuous improvement of online copyright research and systems, the accumulation of relevant judicial practice experience, and the development of new technical identification methods, the identification of the authorship of online works The approach will definitely be more reasonable and feasible, but in any case, the author needs to improve his awareness of rights protection during the creative process to avoid difficulties in obtaining evidence in the future.
3. Provide original materials for creating online works- Apply for text or art copyright.
NetAuthors of online works can provide documents or information related to the creation of online works. The formation of a work must at least go through the thought stage, conception stage and expression stage. For example, for written works, the author can provide paper manuscripts, article outlines, idea drawings, etc.; for photographic works, the author can provide film negatives, original digital photos, etc. In short, all documents and information that can help prove the source of the work, the creative process of the work and the originality of the author can be submitted.
4. Online registration account and password verification.
This is a relatively common identification method in current judicial practice. Generally speaking, after online users register, they will obtain an account number, password and website address, which will only be controlled and used by the registrant. Uploading and deleting articles can only be completed by registrants. Therefore, as long as the party concerned can prove that he can successfully log into the personal network platform and complete operations such as changing passwords and publishing works, then in the absence of contrary evidence, it can be determined that he is the real author corresponding to his online virtual identity. At the same time, in order to enhance the probative power of the above methods, parties can enhance the credibility of relevant materials through notarization.
5. The website service provider shall provide proof of identity of the network copyright holder.
Authors who publish works on the Internet generally need to use the services and platforms provided by relevant website service providers, such as registering as a user of a forum, using the website Email, use the personal homepage or space provided by the website. Therefore, if the court believes that the credibility of the electronic materials issued by the Internet copyright owner is low, it can collect evidence from the network service provider and require the network service provider to provide relevant information that can prove the copyright owner, such as user name, registration information, and email address. wait. Under the premise of promoting the real-name system on websites, this method will have a greater effect. For example, microblogs such as Sina Weibo currently use the method of adding V to identify the author's identity, which is an effective method.
If you have other legal questions, you are welcome to consult the relevant lawyers on the Legal Savior Network.
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