Support the "legal umbrella" for the development of digital collections

China Well -off Network Exclusive Specialty

Text | "Well -off" · China Well -off reporter Liu Yanhua Yuan Kai

Digital collections correspond to the physical and cultural objects, which is an excellent path for Wenbo Resources IP. However, if the compliance system is not in place, the risk is also great. To this end, Qian Weiqing, a senior partner of Beijing Dacheng Law Firm, actively appealed, "The digital collection market, compliance construction must be first!"

Photography/Ning Ying

"On May 22, the" Opinions on Promoting the Implementation of the National Cultural Digitalization Strategy "issued by the two office clearly stated that by 2035, the national cultural big data system was established, the panoramic view of Chinese culture, and the achievements of the digitalization of Chinese culture. The national strategy, the digital cultural industry ushered in a period of policy dividend. As a typical innovation of the fusion of the digital industry and the cultural industry, the vigorous development of digital collections coincides with it. "

Since the beginning of this year, the digital economy has become the strongest air outlet. Driven by "all things can be digital collection", the domestic digital collection market is extremely popular. At the same time, the platform's flooding, false propaganda, speculation of the villages, and copyright disputes are overburst. Why do you support the development of digital collections? How is the legal guarantee in this field? How to build a legal defense line for its safe and standardized development? In an exclusive interview with the reporter of the "well -off" magazine and China Well -off. The perspective of a legal person shared his observation and thinking.

Qian Weiqing bluntly stated that the national level recognizes the promotion of digital technology on the cultural industry and forms a thrust for the cultural power. It is the root of digital collections through foam and achievement value in the future.

The excellent path of the marketization of Wenbo Resources

"Digital collections correspond to the real -world objects, which is an excellent path for the ip of Wenbo Resources." As the chief lawyer of the National Museum of the Chinese National Museum with many years of Wenbo protection, Qian Weiqing is very optimistic and supports the development of digital collections.

According to him, my country's cultural extensive resources are diverse and rich. However, the protection and utilization of cultural relics does not have a long time to work in the industry. Data show that a total of 108154907 pieces/sets have been logged in and state -owned mobile cultural relics. Folk -moving cultural relics are around billions of sets. Under the strict traditional cultural relics protection system in the past, huge Wenbo resources were mainly protected, unable to appear, be displayed, and unavailable. It was not until 2018 that this situation has changed significantly. In October 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Several Opinions on Strengthening the Reform of Cultural Relics Protection and Utilization", which clearly stated that it is necessary The registration trading system pilot to promote the active and orderly development of the cultural relic market. In 2021, the "Fourteenth Five -Year Plan" cultural relics protection and scientific and technological innovation plan issued by the General Office of the State Council emphasized again that it is necessary to create a healthy cultural relic market environment, cultivate the modern cultural relic market system, and optimize the regional layout of the cultural relics market. Subsequently, at the end of the same year, six departments such as the State Administration of Cultural Relics and the National Development and Reform Commission jointly issued the "Opinions on Strengthening the Management of Cultural Relics Management to Promote the Order of the Cultural Relics Market".

"The evolution of a series of policies is clear, which is to make a reasonable use of cultural relics on the basis of doing a good job of cultural relics. In terms of practice, the marketization of cultural relics in my country is not ideal. Compared with national cultural development strategic requirements, the level of digital economy development, and cultural digital goals, it can be said to be seriously lagging. "Actually, my country's cultural blog resources far exceed people's imagination. We have participated in the research group of the China Policy Science Research Association and conducted special research on this. The results found that the conservative estimation of the total amount of economic wealth can also be more than 5 million. . Such large -scale resources, especially folk resources, are still sleeping. "

Qian Weiqing's analysis believes that at present, the development of the marketization of cultural relics in my country mainly faces the following major obstacles: First, the source of folk collections is difficult to prove that although the "Civil Code" has solved the problem of confirmation of the collection from the law, but in fact The operation has not been resolved; the second is that the existing technology cannot accurately identify the authenticity of the collections. Now the popular experience appraisal in the market has no strong basis, which affects market transactions to a certain extent; the third is that the value of collections lacks judgment standards. A large number of hype, fake shooting and even money laundering have caused serious deviations in prices and value; fourth is that the unified market trading data platform lacks the lack of information, which leads to information asymmetry; fifth is that the trading platform lacks credibility. "A variety of factors are superimposed, so that my country's cultural relic market has not been established."

However, the emergence of digital collections made Qian Weiqing, who had always felt a pity for this, to see a new dawn.

"Digital collections can use a new model to subvert the original institutional mechanism and legal constraints to solve the core issues in the marketization of cultural relics." Qian Weiqing explained in detail. First of all, although blockchain technology cannot solve the true problem of cultural relics art through traceability, it can achieve the contrast and determination of "this thing is this thing", and it can also be fixed and queried by the number of derivative digital collections. Secondly, traditional cultural relics art or history is long, or the material is fragile. Storage, maintenance and transportation is the biggest problem faced by collectors after holding cultural relics art. Digital collections have jumped directly over this problem, allowing digital cultural relic art to keep and transfer without damage and safely. In addition, the traditional cultural relic artworks that enter market transactions, due to historical reasons and evidence preservation issues, it is difficult to confirm whether the seller's rights are complete and whether there are flaws. From the beginning of the distribution, digital collections have a hunt on the chain. Each circulation is very clear. After the collectors hold digital collections, they can not only show their right to digital collections through the chain information, but also clearly know all the former handheld handheld. There is a condition for the collection. If one or some of the front hands are collected by everyone, the information on the chain can also play a positive role in endorsing the value of digital collections. Right protection is not completely unable to be rely on

As a digital cultural achievement that integrates digitalization and Wenbo resources, digital collections are expected to lead the digitalization, innovation and financialization of traditional Chinese cultural culture, and help achieve the dissemination, sharing and marketization of Cultural Bo resources. However, due to its short time in my country, the identification and regulatory standards have not yet been established, the current qualifications of some platforms are uneven, and false propaganda and damage to consumers' interests are not uncommon.

"Different from the traditional Wenbo resources, digital collections have a process of uploading to the blockchain to become digital products." Talking about the legal differences with traditional cultural blogging resources, Qian Weiying said that as a new thing, at present my country does not have a special law to protect digital collections. But this does not mean that the relevant rights and interests of digital collections cannot be identified. "The laws that protect the rights and interests of digital collections can be described as all aspects of the people, commercial, bank, and criminal law. The ownership of digital collections is protected by the Civil Code, the rights of digital collection operating subjects are protected by the" Company Law ", and digital collections are sold" Consumption Consumption The Rights Protection Law is constrained, and the compliance operation of digital collections is protected by the Administrative Penalty Law. Theft of digital collections will be punished by the Criminal Law. "

Qian Weiqing clearly pointed out that "the" Civil Code "inclusive protection can cover all digital collections."

The formation of digital collections depends on two foundations. The first foundation is the innovation of works or works that support cultural connotation. The second foundation is blockchain technology.

In the field of digital collections, the more complicated issues involved after the digitalization of cultural relics. The ownership of the cultural relics includes national ownership and non -state ownership. The digitalization of state -owned cultural relics is that the first point is that the platform or individual cannot put the pictures and image materials of the cultural relics by themselves to form digital collections. "Museum's cultural relics either do not constitute the meaning of the" Copyright Law "work without authorization, or because the history has long exceeded the statutory protection period of copyright. However, this does not mean that the cultural relics can be chained directly." "Based on the special nature of the cultural relics itself, the use of cultural relics resources of the museum shall follow the relevant provisions of the" Cultural Relics Protection Law "and the cultural relics unit's relevant regulations on the protection of cultural relics."

For ordinary collectors, the same needs to pay attention to ownership. Qian Weiqing said, "After the digital collection transaction, the buyer gets the images, audio, etc. displayed on the Internet, and its attached rights, not the original work. Attributes. According to the "Civil Code", the law protects the network virtual property. In practice, the rights and interests of the digital collections obtained by the buyer are determined according to the content of the smart contract. "

In addition, the distribution of digital collections also has special industry qualification requirements. "Individuals who are directly on sale or third -party cooperation with no qualifications are unsatisfactory." Qian Weiqing emphasized.

Gather consensus, compliance first

On April 13, 2022, the China Internet Finance Association, the China Banking Association and the China Securities Industry Association issued the "Initiative on Preventing NFT Related Financial Risks", which proposed six specifications for curbing the "NFT Financial Securitization tendency", including financial products, including financial products It cannot be NFT, cannot weaken non -homogeneous characteristics, does not provide centralized transactions for NFT transactions, sets up trading venues, does not use virtual currency, real -name authentication, does not directly or indirect investment NFT.

In this regard, Qian Weiqing believes that today, the entire digital collection market restricts secondary transactions and de -financial guidance is very clear. However, finance is not a flood beast, and the lack of supervision and thunderous finance is the flood beast. Financial is the inevitable trend of digital collections, but it is not yet possible in our country. Strengthening platform information disclosure can be queried, and the regulatory authorities and responsibilities are the top priority of the digital collection industry. Regulatory keeping means that the industry is becoming more and more standardized, and the road of development has become wider and wider.

For ordinary audiences, it is particularly important that choosing a digital collection platform must recognize the qualifications behind it. The platform shall formulate a system for the review of the "upper -chain" asset rights and sources, including data requirements, review standards, complaints and processing rules of intellectual property disputes, and complaint processing processes, daily monitoring and processing mechanisms for the protection of intellectual property rights Wait. As for the exemption of the so -called copyright disputes of many platforms, Qian Weiqing bluntly said, "If such a statement is facing the public, it must be illegal. Examination. "In addition, the law is always lagging behind the use of the existing legal system to solve the problems of the digital collection field, and there are some unspeakable things. Taking cultural relic data related legal systems as an example, the State Administration of Cultural Relics stipulates that the civilian units should not directly use the original data of cultural relics as a limited -edition product. But there is no clear judicial interpretation of cultural relic data. The "Archives Law" and "Data Security Law" both explain the data of cultural relics. Is the cultural relic data "file" or "data"? The qualitative effects are different, and the legal effects are completely different. According to Qian Weiqing's analysis: "If state -owned cultural relics data is characterized by 'archives', according to Article 329 of the Criminal Law, state -owned cultural relics data files 'improper authorization' or 'improper supervision' may constitute the crime of transferring state -owned archives without authorization."

You know the whole leopard, although the current legal system is suitable for digital collections, it is difficult to be perfect. Regarding the chaos in the digital collection market and some laws that are not clear, Qian Weiqing believes that the country has determined the general direction of digital development, but the lagging of law and supervision has made the entire industry not be regulated. Relevant legal systems in the market and domestic domestic and domestic, truly constructing relevant legal systems that meet the requirements of domestic regulatory requirements and promote market prosperity.

In this regard, he suggested that first of all, the digital collection industry must emphasize the principle of cultural sovereignty. Regardless of whether or not digital collections are associated with cultural relics, they are related to the sovereignty of cultural construction. Based on adherence to the principles of cultural sovereignty and protecting digital collections related data, they must develop markets, implement operations, and even open up overseas markets. Secondly, digital collections must be close to entities, reduce transaction frequency, and prevent financial risks. The physical collection has implemented the exploration of the shareholding trading model and has a profound lesson. "Facts show that in the case of restricting risks through the system, any high -frequency trading of any high -value collections is far greater than the dividends brought by market development. Once the bubble is broken, it will cause a series of social problems and lose it. Therefore, numbers will be lost. The standard of the collection industry is to turn the hype high -frequency transactions of digital collections into low -frequency transactions with asset allocation as the main purpose. "

Specifically, Qian Weiqing believes that on the basis of encouraging the development of digital collections, the primary goal is to accelerate legislative amendments, with the "Civil Code" as a legal basis, promote the revision of the "Cultural Relics Protection Law", promote the formulation of the development of the development of the digital collection industry Laws and regulations. The principle of "Civil Code" is to clarify the foundation of cultural relics and legal relations, and it is the basis for studying cultural relics and legal relations. And the "Cultural Relics Protection Law" has more restrictions on cultural relics than protection. Although it is a special law for cultural relics management, it is still implemented. It is necessary to cooperate with each other with the Civil Code. In the direction of letting go of digital collections, the "Cultural Industry Promotion Law" and the "Cultural Relics Protection Law" that are about to be introduced will focus The legitimacy of ownership. "

The amendment and revision of the law takes time. It is not realistic to expect the administrative regulatory authorities to come up with normative opinions in the short term. "It is a relatively feasible way to formulate a complete set of industry standards through the industry association." According to Qian Weiqing, its team is currently leading the underlying technology company with the nation's open source core, Hangzhou Xita Technology Co., Ltd. Techonology Co., LTD.) In the "technology+legal" empowering the development of the digital collection industry, it has cooperated extensively to jointly promote compliance management of the digital collection industry. At the same time, it is actively participating in the development of relevant policies, laws, standards and other standardized documents such as the development of the digital collection industry led by the Blockchain Industry Alliance of Zhongguancun.

("Well -off" · China Well -off Exclusive Draft)

This article was published in "Well -off" in early August 2022

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