What is Copy Protection?

Copyright protection, also called copyright, is not "how to prevent use", but "how to control use". The essence of copyright law is a mechanism to control the use of works. The key to China's Internet copyright protection is to find a balance between promoting the development of the Internet and protecting the interests of copyright holders. It is imperative to improve legislation in this regard as soon as possible.

Copyright Protection

In China, copyright is created from the day when the creation is completed. There is no limit on the duration of personal rights except for the right to publish. Once the right to publish is exercised, it is exhausted. If it is not published within 50 years after the death of the author, it will no longer be protected. The period of protection of property rights is the life of the author plus 50 years after death. If the work is not published 50 years after the creation of the work, it will no longer be protected; in addition, works deemed by the legal person and other organizations as authors, as well as films, television, video works and photographic works For works whose identity is unknown to the author, the protection period is 50 years from the date of the first publication of the work, and no longer protected within 50 years after the creation is completed. The software copyright protection period is 25 years, and ends on December 31, 25 years after the software was first published. Before the protection period expires, the software copyright owner may apply to the software registration management agency for renewal for 25 years, but the protection period shall not exceed 50 years. The protection period of the software developer's developer identity right is unlimited.

The administrative agency for copyright protection in China is the copyright bureaus throughout the country, which carry out daily administrative management of copyright. With the increasing awareness of copyright, a copyright protection management center is set up under the Copyright Bureau of Beijing and other municipalities to provide copyright registration \ copyright protection \ copyright trade Services, but in general provinces, such service agencies are not yet complete. Except for the establishment of copyright protection management centers in sub-provincial cities in economically developed areas such as Hangzhou, this copyright protection is still in its infancy.

China's copyright protection "piracy" began in the Song Dynasty. The economic development of the Song Dynasty provided a solid material foundation for copyright protection. The prosperity of the printing industry was the technical premise of copyright protection; the direct incentives for the emergence of copyright protection in the Song Dynasty; the subject of copyright protection in the Song Dynasty already involved the author, and the subject matter of copyright protection in the Song Dynasty was extensive. The government's copyright protection is also very strong, stipulating the publication censorship system and setting industry standards for the management of printed matter: the Song Dynasty lacked a civil legal system that protected copyright with the core of private rights, did not pay attention to the protection of authors' rights, and had no relation to the political interests of the dynasty. It is difficult to make copyright claims to the government and the public or directly seek the protection of the authorities; it also gives us a lot of inspiration.

Song protected copyright

(1) The author of the copyright (copyright) protection in the Song Dynasty has involved the author

The author is the first and most basic subject in copyright. In the Song Dynasty, with the development of the printing industry, the government more protected the interests of publishers, but the Song Dynasty Guozijian s public document on the prohibition of copying is included in the Cong Guimao Poetry Anthology, It deserves more attention. The "public document" mentioned that the uncle of the book's imprinter had devoted a lot of his spiritual creative achievements when explaining "Mao Shi". Markers use this fact as the main reason for asking others to ban copying. This means that at this time, the protected subject is not limited to the publisher who engraved the extension, but also extends to the author (or the author's legal heir). Professional writers and artists also appeared in the Song Dynasty. Some literati who were unable or unwilling to enter the career of the Song Dynasty formed a certain group due to the needs of life and other reasons. It was called "Book Society". Creation is a profession, and the writers of "Book Club" are professional writers. Many of Song Yuan's script and drama came from them. In addition to the "Book Society", there was also a "society" composed of literati and entertainers in the Song Dynasty, such as the Scarlet Green Society performing miscellaneous drama, the Qingyin Society performing Qingle, the grass-grass society of the film artist, and the Lihua Society performing chanting. The literati and entertainers in the agency are specialized professional writers and performing artists. In the ancient Song Dynasty, both rulers, publishers, and authors already had the consciousness of protecting the rights and interests of authors and certain legal regulations. They not only stayed in the interests of protecting publishers, but also extended to the protection of authors. In terms of interests, it is undoubtedly an important stroke in the history of intellectual property protection in China.

(2) The subject matter of copyright (copyright) protection in Song Dynasty was extensive

The subject matter of copyright protection is the work. In the Song Dynasty, there were many types of works, and the subject matter of protection was extensive. In the long history of our country, the ancient Chinese people believed in the value of "learning while presiding over the official", and regard political value as the supreme value of life. The students studied hard and dangled in order to gain fame and embark on career. Thorn shares. In the Song Dynasty, with the rise and development of the commodity economy, literary and artistic works were gradually commoditized, and the traditional official-based values began to shake. The commercialization of works stimulated the literary enthusiasm for creation, and the literati's artistic value can be obtained in creation. Realized and recognized by the society, its works can obtain direct economic and social benefits. Therefore, the commercialization of literary and artistic works has led to changes in the aesthetics, values and literary views of the entire society. Many literati who failed in the imperial examination field and some writers who were not obsessed with fame, carried out a large number of literary and artistic creations, created numerous works, and made the subject of copyright protection in the Song Dynasty extensive. The main ones are: First, written works refer to works in the form of words, such as poems, prose, novels, and texts, such as Song Ci in Song Dynasty, texts in Song and Yuan dynasties, Sanqu, drama, and novels. Liu Yong, a famous poet in the Northern Song Dynasty, was the first professional poet in the history of Chinese literature. His words were loved by all social strata and obtained the social effect of "The World's Odes". Secondly, oral works refer to works expressed in the form of oral language, such as impromptu speeches and lyric works. With the development of the cultural industry in the Song Dynasty, the aesthetic ability of the lower classes has continued to improve, and oral works such as storytelling in the form of oral languages have emerged as the times require. Third, dramatic works refer to works for stage performances, such as local dramas, local plays, and the commercialization of literary and artistic works, making short-length literary and artistic works no longer satisfy the public's aesthetic requirements. Works become the leading literary and artistic style. Fourth, Quyi works refer to works performed in the form of rap, such as storytelling, quick books, drums, and taci. After the Song Dynasty, urban popular literature and art continued to flourish, and literary and artistic styles such as Tanci, storytelling, and tune folk songs have appeared one after another, becoming a beautiful landscape of ancient Chinese literature. Fifth, fine art works are flat or three-dimensional plastic art works with aesthetic meaning, such as paintings, calligraphy, sculptures, etc., which are composed of lines, colors, or other methods. In the Song Dynasty, Zhang Zeduan's "The Picture of the River on the Qingming Festival" is not only a masterpiece in the "paintings of the city" in the Song Dynasty, but also a rare and outstanding work in the history of painting in China and the world. It is a new kind of fine arts nurtured by commodity economy and culture. In addition, in the Song Dynasty, acrobatic art works such as acrobatics, magic, and circus were performed through physical movements and techniques ... The subject matter of copyright protection in the Song Dynasty was extensive, which also reflected that the Song Dynasty in China already had the earliest intangible intellectual property rights. The fact that the subject is systematically classified and protected.

(3) The government's copyright protection in the Song Dynasty was strengthened, and publication review was required.

The objective existence of pirated copies in the Song Dynasty gradually increased the consciousness of authors and publishers to protect copyright, and gradually formed their ideas. The government also regulated the publication review in accordance with the objective needs of society. For example, the "Four Books Questions and Answers" written by Zhu Xi, because he has no time to revise it, "hasn't tasted to show people", and "there are pilfered journalists in the bookstore," and Zhu Xi "urgently asked the county official to pursue its edition", it can be said that At that time, Zhu Xi had a strong sense of copyright protection for his works. He claimed his copyright through "litigation", indicating that the copyright protection consciousness and practical actions to protect copyright in the Song Dynasty had already taken place. This was the economic and spiritual interest in printing books. The process of protection from consciousness and concept to concrete operation. The Song government also established a publication review system. In the fifteenth year of Shaoxing in the Song Dynasty (1146 AD), he ordered: "Since the publication of books in folk bookstores, they must first look at their affiliations and discuss them with the instructors. If they can, choose Xu Xu." This is equivalent to the Song government s establishment of a pre-publishing review mechanism. Books must be published by "selected officials, which is beneficial to scholars, and can be used for printing, and waiting to be printed and sent to the secretary's province. Text, not engraved. " The Song government has repeatedly ordered that the "engraving of documents in the future must be confirmed by the state party officials and then published", "without looking at the calibrated documents, unauthorized printing and selling, and the arrest notice is prohibited to be issued to the border states, and it is still strict Prohibition "," Yue Juxiao San spreading the demon tactics can counterclaim, reward 50,000 yuan, and use the money of the offender's family. "

(4) The Song Dynasty formulated industry standards and regulations for the management of printed matter

In the early years of the Northern Song Dynasty, the government promulgated the "engraved book style". The so-called "engraved book style" is to fix the regulations on book printing and publication in the form of articles. All printed materials must be submitted to the government agency for record. If it is included in the daily administrative affairs, it will constitute "piracy" if the book is not published in the form prescribed by the regulations. In the Song Dynasty, the management of printed matter was "with law to rely on." Someone in the Qing Dynasty saw a bronze carved version of the Song Dynasty in the antique shop. The writer Cai Cheng described it in "The Night at the Chicken Window": "Fang 23 inches, carved poetry or Du Shi Hanwen 2 The three sentences are in the opposite shape, I don't know what to use. "Those who know this thing said:" This famous book model, Song Taizu's first year, issued the style of engraving the world. "From this record, we can see that Song Printed matter is included in the scope of national management, which is equivalent to the current print industry standard. Correspondingly, there are related laws and regulations, such as existing print management regulations. It is regrettable that the specific historical provisions of the law at that time have been dispersed in 2018, but some general descriptions can be found in the records of later generations: "Song Xing, Zhi Ping (1064-1067) was prohibited from carrying cymbals, You must apply for the Imperial College. After Xining (1068-1077), Fang relaxed the ban. "

(5) Laws and Related Records on Copyright Protection in the Song Dynasty

Volume 2 of "Shu Lin Qing Hua" has an entry "Sometimes Banned from the Song Dynasty", indicating that China has indeed had copyright protection laws since the Song Dynasty. In the 21st year of the second year of Zhezong Shaosheng of the Northern Song Dynasty (1095), "The Ministry of Criminal Law, the various scholars of criminal law, the use of edicts, etc. On such as piracy. From here. "This record shows that there was" piracy "in the Northern Song Dynasty. In addition, there are also regular journals in the existing Song Dynasty books to confirm the copyright protection of the Song Dynasty. First, the Meishan Chengsheren's house edition "East Capital Briefing", which reads: "Meishan Chengsheren's House is published, has been applied to the boss, no overlay", "Already applied to the boss, no overlay" and modern " "Copyright, no reproduction is allowed", which may be the earliest record of copyright protection. "Shu Lin Qing Hua" and the Qing dynasty collector Lu Xinyuan's "Book of Songs Collection", Ding Bing, "Books of Good Book Room Collection" are recorded. Second, Jian'an Zhumu compiled "Fang Yu Sheng Lan", after the preface, the "Zhejiang-Zhejiang Transshipment Department Records Bai" cloud: "According to Zhu Jifu's housekeeper Wu Ji, this house can be seen in the engravings of the county, and the name is" Fang Yu Sheng Lan " ", And" Four and Six Treasure Gardens ", and edited privately by this house jinshi, several years of hard work. Today, the engraving, the cost is huge, the thief who steals the book market, and I open the previous book or change the name , Or in the name of "A Brief Guide to the Victory of the World" and other books, opened and seized, to this house in vain effort, cost money, and really do harm, according to the engraving of the scriptures, combined with the economic mission to declare, beg to restrain, and refrain Dangers of copying. Zhang Xiaxiao indicated at the bookstores of Xiayu and Yinzhou carvings of begging list. If this is the case, Rongbenzhai will report, beg for chasing people to destroy the board, and smelt execution. Fengtai judgement list must be directed ... right Today, the list of where the books of the and Yinzhou carvings are published, Zhang Hangxiao shows, and each order knows. If anyone likes this, he will be investigated by the affiliated report and the board will be implemented. Therefore, the list of Fujian Road Transit Secretary, begging for the list Restricted ownership, must not open the previous book, and the same as before, and no longer recorded in white ", the" Bangwen "records clearly define the author's" Xin In order to protect their economic interests, the publisher can ask the government to remove the reprint. If there is a pirated copy of the Zhu Family, they have the right to report, chase people, destroy the board, cut off the metal. "Executing", this example records the labor efforts of authors and publishers, how to protect their rights and interests, and the intensity of punishment by the government. Third, Gong Shiluo published a section of Changwu's "Cong Guimao Poetry Annotation" before the Guozijian "prohibited copying official documents" cloud: "The first uncle used Mao's poem to speak and draw, and the pen was compiled. This is based on Donglai's" Poetry "Record", refer to the book "Poetry" and even the modern Confucianism. Every word, Gou is an invention, led to record, named "Cong Guimao Poetry Anthology" ...... The uncle wrote the poor scriptures and devoted his life, At the end of this book, or other books want to turn over the profits, it will change the beginning and the end, increase the sound and meaning ... This situation is obsolete, begging to prepare the two Zhejiang Fujian Road Transport Department for the words, to beg to Luo Gongshi For the photo. I did nt dare to self-confidence, waiting for the purpose of Taiwan. He was sentenced to Taiwan and was still given to the prison. In addition, if you do not comply with the restrictions and violate the law, please follow the instructions of the beneficiary Chen Qi, chase the board, break the crime, and execute the crime. You must go to the person who gave the right. The right handed out to the official receipt to pay Luo Gongshizhen to accept the license. Chunyou eight years Give it on July. "The so-called" King of the State "was the central agency in charge of book publishing at the time and had the power to manage book publishing on behalf of the court. The government has used administrative methods to announce the bookstores in the relevant places, and it is not allowed to reprint a certain book. At the same time, the so-called "proof", that is, the license, is issued to the original publisher to prove the legality of that person's publication. If it is engraved, it can be reported to the local government on the basis of "data", thereby destroying the crime. The publisher clearly stated that the "prohibition of copying" was well-founded, and believed that the work was original in the first place: "one word, one is invention, and the record was recorded"; the other was that the author invested a lot of energy (the author is the subject of rights) : "Talking refers to drawing, writing is written", "Lifetime energy is better than this book"; and the publisher believes that the quality of the current edition is good: "the school is the most precise"; the last and most important reason is that if other Publishers' piracy of profit, "they must be changed easily, and the meaning is increased", thus infringing on the rights of publishers and original authors. To this end, after the publisher applies to the Guozijian, pay a "license", prohibit others from copying, and give the publisher the right to "repeal copying, breaking, and committing crimes" against other pirates. There is no record in the historical data on the final implementation of this incident, but it does record that there are laws to rely on. It should be noted that copyright protection in the Southern Song Dynasty not only protects the author's rights, even after the author's death, his relatives can apply for copyright protection. The engraver of Cong Guimao's Poetry Anthology puts his uncle's great spiritual creation as the main reason to ban the right to copy, which shows that in this ban, the protected subject has been extended to the author (or the author's legal heir). Fourth, an incident recorded by the literati Fan Jun in his book "Answer to Yao Hong" in the early years of the Southern Song Dynasty. At that time, someone wrote Fan He Ji in the name of Fan Jun, engraved and sold it, and he reported it to the government office. Sending a document to Jianyang destroyed the privately-printed printing plates. The above historical facts are the privately-engraved books of the Song Dynasty, and they are invited to the government to exercise copyright protection. It not only protects the economic interests of the publishers, but also protects the rights and interests of the authors. "Cashing and smashing," etc., has opened up a precedent for copyright protection in China.

(6) Printing Prohibited in Song Dynasty to Prevent Piracy

The development of the printing industry in the Song Dynasty is unquestionable, and the rampant piracy is obvious to all. Piracy not only seriously infringes on the economic interests of original authors and publishers, but also seriously damages the author's academic reputation and ultimately seriously damages the interests of readers. For the sake of political interests, the Song government banned the printing of books unprecedentedly. Only those who were allowed to print were allowed to print. What was not allowed to print was never reprinted. To this end, the government regulates printed matter, and the government severely punishes acts that violate publication control laws. For example, the Song Dynasty Luobi's "Episode" records: "Monitoring" and "Nine Classics" are prohibited from imitation and reprinting as soon as they are published. If you want to reprint, you must apply to the Guozijian and it can be reprinted after approval. Throughout the Song Dynasty, the government's banned works include: first, the ban on printing of books about the gains and losses of the government, the discussion of the history of the country, the making of scriptures, the decrees of the criminal law, the banning of historical records of the dynasty, and the banning of the image of the emperor. For example, "Secretary's meeting, Taiwan's chapters are sparse, internal and external seals, scholars' procedures, secret paintings, and must not be leaked ... It is strictly forbidden, and its bookstore can be seen in the edition and printed, and pursued Take, when the officials burned down, "and there are" people who gathered in the street with portraits of the emperors to gather people and forbid them ", and" there are those who have carved seals and sold them, and sit again. " Second, bans on Indian laws, astronomical books, books on religions (evil cults, Buddhist doctrines, and demon religions), paper money, etc. Legal decrees issued by the government must not be printed without permission, and privately printed criminal law, such as the "piracy law". The book of astronomical calendar is also printed by the state. Because of the folk "learning the demon", the government has repeatedly banned the printing of "absurd monster words", and the "circulation" has been circulated; banknotes have been issued frequently by the state. The ban on private seals, Song Shenzong s forgery and forgery rewards, such as official seal calligraphy, Song Huizong s stipulation forged private papers, and crimes are matched by apprentices, and Song Gaozong s fixed forgery law, but privately printed banknotes Things still happen. Third, it is forbidden to print soldiers drills or to disclose state secrets. It is mainly aimed at the contents of border defense military planes and the flow of Song Shu to the border of Liao and Jin. The Song government stipulated that "everyone who dictated by the government when the order of the imperial dynasty was guilty". Su Zhe made Liao Shi once said: "In the people's Republic of China, they printed and printed characters, and officials stole all materials from the northern boundary." The description is forbidden to be nameless, because "these words are sold to prisoners and it is ten times more profitable." Fourth, forbidden to print pseudo-books such as "quotations" and "non-root sutra origin" for plagiarism. Such as the engraving of profanity, one hundred sticks.

The prohibition of copying in the Song Dynasty has become a ban in the book printing industry and has received strong government support. The Song Dynasty banned printing to prevent piracy. It had obvious political purposes. The publishers, not the authors, who really enjoyed the privileges, such as Mingshan Chengsheren House Publishing, to apply for a supervisor, not to make copies, the prohibition of copying in the Song Dynasty was just It is a practice of a few powerful publishers to collude with the government and monopolize profits, and it is not a formal decree. This is totally different from the modern copyright system; in addition, the Song Dynasty banned printing to prevent piracy, and its purpose was to monopolize cultural control. Since it is a cultural control, it is not a pure protection, but more a management Component, it does not form a copyright protection system, but only an objective fact. However, the ban on copying in the Song Dynasty did set a precedent for future generations of copyright law.

For China's information technology and intellectual property communities, 1999 was a year of great concern. During this year, three new cases of Internet copyright protection occurred in China. As the most important law for adjusting China's copyright system, the "Copyright Law of the People's Republic of China," was enacted in 1991, when the development of the Internet in China was in its infancy, the law did not provide for legal issues that may arise from this emerging thing Therefore, for the trial of Internet copyright infringement disputes that occurred in the late 1990s, the Copyright Law of 1991 is obviously lagging behind. Under such circumstances, the court's guiding significance in hearing such cases is particularly prominent. In addition, China's copyright law is being revised. The trial of these cases of Internet copyright lawsuits will also lay the foundation for the introduction of the new copyright law.

The three cases are: Chen Weihua v. "Computer Information" infringement judged by Beijing Haidian District People's Court on November 28, 1999. The case is the first domestic copyright case on the Internet. The case involved unauthorized reprinting of an article on an Internet personal homepage by a newspaper that was used as a traditional information medium. The court ruled that the infringement of "Computer Commerce Intelligence" was established; on September 9, 2.999, Beijing Ruide Co., Ltd., known as the "China's First Case of Internet Infringement," v. Sichuan Yibin Dongfang Information Company's homepage infringement. The court ruled that the defendant who copied the homepage infringed, which meant that the online homepage enjoyed copyright; on September 18, 1999, six authors including Wang Meng and others who were tried by the Haidian District People's Court in Beijing sued the "Beijing Online" website infringement case. The case involved a copyright dispute caused by the Internet access of the work. The court ruled that the defendant Century Communication Technology Co., Ltd. lost the lawsuit, thereby demonstrating that the Internet access of the work is also protected by copyright law.

These three cases reflect the scope of Internet copyright disputes from different aspects, including the infringement of the copyright of online works (including online homepages) by traditional media, and the copyright of works in the traditional sense by the emerging information media tool-website. Infringement, of course, there are still a large number of commercial websites infringing on news media websites. The trial of these new cases shows that China's current copyright law has fallen far behind judicial practice. But jurisprudence does not have the effect of case law in China. With the increasing number of such cases, China's Internet copyright protection legislation is imminent.

Copyright can also be taken to prevent infringement measures, registered in a third-party platform such as an industry association, and filed. In particular, various grassroots copyright resources include, but are not limited to, digital fingerprint technology, digital watermark technology, anti-piracy technology, and fusion of trusted time stamp technology. The public copyright protection platform of trusted third-party technology, such as mailboxes, is used for certificate registration, and digital work certificate time certification and multi-latitude smart certification can be scientifically verified independently. In case of copyright disputes, preliminary evidence is provided, if necessary. Judicial appraisal agencies to improve the validity of legal evidence, which has been prevailing in developed countries in Europe for many years, is complementary to official manual registration to prevent infringement.

How to prevent this from happening repeatedly. First of all, we should learn from the relevant provisions of the WCT and grant new rights to copyright owners based on the new features of Internet copyright protection, including: 1. the right to transmit works. That is, the online service provider should transmit the work to the public through the network according to the request of the copyright owner; 2. The right to prohibit countermeasures. Countermeasure usually refers to the unauthorized "decryption" of the "encryption" of the copyright owner's digital technical work. Because the purpose of most decipherers is to provide the work to the duplicator for illegal profit, so even if such decipherers are not directly engaged in copying, the decryption itself should constitute infringement; 3. Right to mark the right. It means that the copyright owner has the right to mark the works with numbers or codes. Without the permission of the copyright owner, it is forbidden for others to delete and change such marks.

Secondly, China should improve the collective management system of network copyright and establish corresponding international and domestic collective management organizations for network copyright protection. The establishment of this type of collective management organization can uniformly negotiate copyright authorization issues with network service providers on behalf of the copyright owner. On the one hand, it avoids the huge waste of time and manpower caused by the network service providers negotiating with a large number of individual copyright subjects, On the other hand, it also improves the negotiation status and strength of a single copyright subject.

Finally, further emphasis should be placed on effective evidence fixation and collection. In the reality of China's extremely inadequate legislation in this regard, in copyright infringement disputes involving network issues, some plaintiffs have fixed and collected infringement facts before indictment, and asked notaries to conduct on-site notarization. Use for reference when defending rights.

To obtain copyright protection, you must first apply for copyright certification through the Grassroots Copyright Protection Center to obtain grassroots copyright registration protection.

Software copyright query refers to the file or subject query for the full name, software abbreviation, software version number, copyright owner, registration date, etc. of the computer software copyright certificate information that has been registered by the China Copyright Protection Center.