RESEARCH ON ISSUES RELATED TO COPYRIGHT
INFORMATION SERVICE INTEGRATION IN NETWORK
ENVIRONMENT
Xiaoquan Gong, Zhenji Zhang
Information Management Department, School of Economics and Management, Beijing Jiaotong University, Beijing, China
Jinsong Pei
Public Management Department, School of Economics and Management, Beijing Jiaotong University, Beijing, China
Dou Juan
Taiyuan Branch of Shanxi Branch, China Mobile Communications Group Co., Ltd. Taiyuan, China
Keywords: Network environment, Copyright information, Service industry.
Abstract: Based on the introduction to the concepts of copyright and copyright information, this paper analyses the
role of copyright information service in the growth of the modern service industry, and discusses new
problems of copyright protection in network environment. Then this paper points out the status as well as
the gap of China's copyright information service, and purposefully proposes the measures and suggestions
on enhancing copyright information service in network environment.
1 INTRODUCTION
Intellectual property is a general term for the right to
be legitimately produced on the basis of the creative
intellectual results and business marks. Intellectual
property includes industrial property and copyright,
the industrial property also includes patent right,
trademark right, prohibiting unfair competition, etc.,
and the copyright includes the author’s right and
neighbouring right.
Copyright, refers a general term for the right that
legitimately enjoyed by the creators of literary,
artistic, scientific works and other copyright owners.
Copyright includes the following personal rights
and property rights: the right of publication, that is,
the right to decide whether to make a work available
to the public; the right of authorship, that is, the right
to claim authorship and to have the author's name
mentioned in the work; the right of alteration, that is,
the right to alter or authorize others to alter one's
work; the right of integrity, that is, the right to
protect one's work against distortion and mutilation;
the right of reproduction, that is, the right to produce
one or more copies of a work by printing,
photocopying, lithographing, making a sound
recording or video recording, duplicating a
recording, or duplicating a photographic work or any
other means; the right of distribution, that is, the
right to present the original or copy of a work to the
public by virtue of sale or donation; the right of
rental, that is, the right to authorize, with payment,
others to temporarily use cinematographic works,
works created by virtue of an analogous method of
film production, and software, except one which is
not the key subject matter of rental; the right of
exhibition, that is, the right to display in public the
original or copy of a painting or photographic work;
the right of performance, that is, the right to perform
a work and broadcast the performance of a work in
public by various means; the right of showing, that
is, the right to show to the public a work of art,
photography, cinematography and any work created
by analogous methods of film production through
film projectors, overhead projectors or any other
technical devices; the right of broadcast, that is, the
right to publicly broadcast or communicate a work
459
Gong X., Zhang Z., Pei J. and Juan D..
RESEARCH ON ISSUES RELATED TO COPYRIGHT INFORMATION SERVICE INTEGRATION IN NETWORK ENVIRONMENT.
DOI: 10.5220/0003594704590466
In Proceedings of the 13th International Conference on Enterprise Information Systems (EIT-2011), pages 459-466
ISBN: 978-989-8425-55-3
Copyright
c
2011 SCITEPRESS (Science and Technology Publications, Lda.)
to the public by wireless means, to communicate a
broadcast work to the public by wire or relay means,
and to communicate a broadcast work to the public
by a loudspeaker or any other analogous tool used to
transmit symbols, sounds or pictures; the right of
information network communication, that is, the
right to communicate a work to the public by wire or
wireless means in such a way that the public may
access these works from a place and at a time
individually chosen by them; the right of making
cinematographic work, that is, the right to fix a work
on a carrier by virtue of film production or an
analogous method of film production; the right of
adaptation, that is, the right to adapt a work for
creating a new work of originality; the right of
translation, that is, the right to translate a work from
a language to another; the right of compilation, that
is, the right to compile works or parts of works into
a new work through selection or arrangement; any
other rights that shall be enjoyed by copyright
owners.
Copyright information is often narrowly
understood as "copyright stated information", that is
a warning of work copyright, but the content of
copyright information is far more than that. From
view of the cultural development and intellectual
results protection, the copyright information is a
copyright social phenomenon, as well as an
expression and a reflection of human rights
activities, but also an important intermediary of
people's copyright awareness and understanding,
thus studying the source, access and utilization of
copyright information is actually a self-improvement
of the copyright laws structure and the system
content. Although China has implemented the
automatic protection principle of copyright, it does
not prevent the copyright information resources
from playing an important guidance, advice, voucher
and other functions in scientific, cultural, artistic
activities as well as development and utilization
activities of work.
The composition of the copyright information is
as follows: Copyright legal information. Copyright
legal information is related to the information of
copyright creation, development and change. Work
content information and performance form
information. Copyright trade information. It
includes: trade subject information, trade object
information, publishing contract information,
licensing right information and the transfer
information of property right subject in the
copyright. Copyright utilization information.
Copyright management information. Copyright
management information or right management
information emerged under a large number of the
network works communication and utilization. It can
not only identify the oblige, but also permit users to
use, look for the tort and monitor users’ behaviors
according to predetermined conditions. Copyright
legal activity information. It includes: copyright
legal system, copyright laws regulations, copyright
academic research results, copyright cases, copyright
statistical data, as well as the license and dispute
between the copyright owners and users. Copyright
activity subject information. The subject of
copyright activities mainly includes copyright
owners, copyright information users, copyright
management institutions and copyright information
service institutions. Copyright management
institutions can also be divided into copyright
administrative management organizations, copyright
collective management organizations, copyright
agencies and other levels.
The modern service industry is information-
intensive and knowledge-intensive service sector,
which relies on modern new technologies, new
business conditions and new service forms in order
to provide high value-added, high-level, knowledge-
based production service and life service to the
community.
Strengthening copyright information service,
helps to encourage the technical innovation in
service sector, and promotes to form a number of
leading companies who have well-known brands in
the field of copyright information service. Copyright
information service is an integral and important part
in the modern service industry’s growth.
2 NEW PROBLEMS OF
COPYRIGHT PROTECTION IN
NETWORK ENVIRONMENT
In order to vigorously promote the utilization and
service of copyright information, China should
strengthen the copyright protection in network
environment.
2.1 Legal Protection of Web Page and
Database
2.1.1 Legal Protection of Web Page
Web page is essentially information composed of
text, graphics, audio, animation or a combination of
these above. China’s copyright law does not
explicitly provide for the Web page, however, from
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the view of our judicial practice and academics’
discussion, the legal protection of Web page is
mainly divided into copyright protection and anti-
unfair competition protection.
2.1.2 Legal Protection of Database
In the early 1980s, international organizations as
well as developed countries in Europe and the
United States had explicitly protected the database
as a compilation of works. Protecting the database as
a compilation of works exists unavoidable
limitations, because it only protects the structure and
does not protect the contents, exacerbating the
copyright law's "weak" protection. There are also
issues on weak protection of database copyright in
China. Facing weak protection of database by
copyright law, international organizations as well as
developed countries in Europe and the United States
give a special right to the producers of the database
which is a separate legal system of copyright
protection. Their fundamental purpose is to protect
the database investments of producers. The
European Union has the fastest growing and the
greatest protection efforts in the special right
protection of database.
2.2 Legal Protection of Network
Communication Right
From the perspective of WIPO and the world
national legislation, copyright protection of the
network works has become a common trend in
international development. While national
legislation varies, they are fit with their national
situation. Therefore, facing challenges of China’s
copyright law posed by the network, the approach
should also be based on our own national conditions,
and give the right to the copyright owner to control
the works communication in the network through the
adjustment of copyright law.
2.3 Legal Protection of Technical
Measures
Technical measures refer to the equipment, products
or methods initiatively taken by the copyright
owner. They can effectively control the digital
works entered into the protection of the copyright
law and effectively protect the rights of copyright
owners to prevent violations of their legal rights.
Currently the copyright owner can take many
technical measures in network environment, such as
anti-copying devices, electronic watermarks, digital
signatures or digital fingerprint technology,
electronic copyright management systems, tracking
systems and so on.
Establishment of legal protection for the broad
technical measures has become an international
trend and it has been finalized by two treaties of
WIPO. The United States and European Union
countries are all conformed to this trend and
established their own system of protection. From the
view of China’s legislation status, although we
began to take copyright protection for the technical
measures, there is no in-depth study about a series of
theoretical issues in the legal protection of technical
measures, such as the basis of protection, the degree
of protection and restrictive measures of technical
measures and so on.
2.4 Legal Protection of Right
Management Information
Right management information is identification
information of work, the work author, the owner
who has any rights of the work, or identification
information of the terms and conditions used by the
works, as well as identification number or code
which represents such information. All information
is annexed to each copy of the work or appears when
the work is communicated to the public.
At the level of international protection, WCT
and WPPT firstly protect the right management
information. The relevant right management
information protection content of European Union is
basically consistent with the WCT. The United
States has the long history of the right management
information protection. China’s protection of
electronic right management information only lays
down the provisions in principle still needs the
further improvement.
3 DISTRIBUTION STATUS
ANALYSIS OF DOMESTIC AND
FOREIGN COPYRIGHT
INFORMATION RESOURCES
INTEGRATION
The construction of domestic and foreign copyright
information websites lags behind obviously
compared to patent information websites and
trademark information websites especially the
construction of patent information websites. China’s
construction of some comprehensive, professional
copyright information websites is not satisfactory.
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3.1 Introduction to Domestic and
Foreign Copyright Management
Institutions Websites
3.1.1 The United States Copyright Office
(http://www.copyright.gov/)
The United States Copyright Office website
publishes the relevant copyright information and
offers the relevant copyright services, providing
users with the copyright search services of multiple
functions. The website not only offers free
information but also in-depth information on
charges. In addition, the website has a perfect query
system which mainly provides the query interface of
copyright database of the United States Copyright
Office, including three databases which can provide
registration information and copyright owner
information system since 1978: The first is the
database of books, including book , film, sound
recording, map, software, media, etc.; the second are
periodical, newspaper, magazine database, etc.; the
third is the database of copyright owner, including
the change or transfer of the copyright owner.
Furthermore, the website introduces copyright law
specially, such as the latest copyright law
information, copyright information that is being
drafted and so on. It provides plenty information
links of copyright preparation of WIPO, the recent
copyright treaty, provision, and other information as
well.
3.1.2 National Copyright Administration of
People's Republic of China
(Http://www.ncac.gov.cn/GalaxyPortal
/inner/bqj/index.jsp)
The National Copyright Administration of People's
Republic of China website is the official portal site
of our copyright information, of which the overall
layout is rigorous and generous. The web page uses
the framework for the layout, beautiful and clean.
From the perspective of website function, because it
is a government portal site, the on-line information
of the copyright notice, copyright service,
international exchange is of course essential; and
different from the other copyright websites, it
provides official, authoritative copyright statistics.
Of course, there are many deficiencies on the
National Copyright Administration website, first of
all, the search function is so simple that it only
simply provides web search, what’s more, the site
location is limited to simple information publishing,
and that causes the amount of information is too
little and less available and valuable copyright
information.
3.1.3 Music Copyright Society of China
(http://www.mcsc.com.cn)
Music Copyright Society of China is the unique
music copyright collective management organization
in mainland China, which is sponsored and
established by National Copyright Administration
and Chinese Musicians Association. It is a non-
profit organization which is devoted to defense the
legitimate right and interest of composer, lyricist and
other music copyright owner. The association has
signed mutual representative agreement with sister
organizations of 41 countries and regions. Lists of
association membership and information of works
have been imported IPI (International People of
Right Data Information System) and ISWC
(International Standard Musical Work Code), which
will take the works of China’s music copyright
owners into the international identification system.
Once the China’s works are used overseas, their
interests will be protected in time.
3.1.4 China Audio-Video Collective
Management Association
(http://www.cavca.org.cn)
China Audio-Video Collective Management
Association is the only audio-visual collective
management organization formally approved by the
National Copyright Administration of China,
implementing collective management to audio-video
program copyright and relevant rights according to
the law. The right types of management association
include: the right of audio-visual performance, the
right of showing, the right of broadcast, the right of
rental, the right of information network
communication, the right of reproduction and
distribution, as well as other audio-video copyright
and relevant rights suitable for collective
management.
3.2 Website’s Features Analysis of
Domestic and Foreign Copyright
Information Resources
3.2.1 http://www.copyrightwebsite.com/
Website
The website mainly provides books on the
copyright, as well as a large number of audio-visual
information which is watched or listened to on-line,
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but lacking of the law information or meeting
information of the copyright. The attraction of the
website is that the layout and information
organization are unique and clear. There are both
site navigation and site map. Information
organization of the website adopts classification, and
the website is accompanied by pictures in order to
make the website clear, easy to understand, and
attractive. However, the website focused on the
service and support of books and audio-visual
copyright, lacking of the support of software
copyright service.
3.2.2 China Copyright Protection Center
website
(http://www.ccopyright.com.cn/)
China Copyright Protection Center is an institution
directly under the General Administration of Press
and Publication of the People's Republic of China
(National Copyright Administration of the People's
Republic of China), whose main business includes:
being engaged in various copyright-related
registration and providing the community copyright
legal advice and copyright transaction services
commissioned and designated by National Copyright
Administration.
3.2.3 China Digital Right Management
Website (http://www.china-drm.com/)
This website mainly provides total solution for
digital right protection, such as the total solution of
China-DRM WMDRM digital copyright protection.
3.2.4 Other Domestic Copyright
Information Service Websites with
Their Respective Characteristics
For example, China Software Union
(http://www.chinasoftwareunion.com/
); The website
of Guangdong Copyright Information
(http://www.gdcopyright.org.cn/
); The website of
Shanghai Literary and Art Copyright Assertion
(http://www.shalca.com/
); Shanghai Federation of
Literary and Art Circles
(http://www.shalca.com/index.php?id=1
); The
website of Shanghai Literary and Art Copyright
Service (http://www.shalca.com/index.php?id=269
).
4 SUGGESTIONS AND
COUNTERMEASURES ON
COMPREHENSIVELY
ENHANCING COPYRIGHT
INFORMATION SERVICE
INTEGRATION LEVEL IN
NETWORK ENVIRONMENT
4.1 Copyright Protection
Countermeasures in Network
Environment
4.1.1 Strengthen the Legal Protection of
Database
From the view of international development trend,
China is also necessary to consider whether to
establish a special right protection system of
database. As a developing country, the key problem
of China is not whether to establish special right
protection of database, but how to establish such a
system to ensure the interests balance of database
producers and database users.
4.1.2 Improve the Legal Protection of
Technical Measures in Network
Environment
At present, the legal protection level of technical
measures is mainly linked with the software
copyright. However, from a development point of
view, the technical measures will soon be linked
with the various network works to become a
protection means widely used by copyright owners.
China must give the necessary attention to the new
development of international copyright protection,
and seriously consider how to improve the copyright
protection of technical measures in our network
environment.
4.1.3 Improve the Legal protection of Right
Management Information in Network
Environment
To improve the legal protection of right management
information, China’s legislation should provide for
the content, protection scope, limitation scope of the
right management information.
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4.1.4 Strengthen Legislation and Law
Enforcement of the Network
Copyright and Promote the
Harmonious Development of the
Network Communication
Environment
Ability to effectively curb internet piracy is the law
enforcement capabilities test of China’s
administrative department. We should strengthen the
special campaign against internet piracy.
“Information Network Transmission Right
Protection Ordinance” published by State Council
should be the basic standard of copyright protection,
copyright enforcement and the development of
copyright-related industries in network environment,
which is our specific legal basis of online law
enforcement and copyright protection.
4.1.5 Strengthen Copyright Protection in all
Aspects
Promote the development of the software and the
copyright product chains timely, and establish
software and copyright trade platform, in order to
promote the development of copyright industries and
curb the piracy. Support the copyright registration of
the oblige, besides improve norm system and service
system related to copyright registration. Enhance the
software copyright protection service; in addition,
promote advanced information technology which
helps to protect genuine software against piracy.
4.2 Vigorously Promote the Utilization
and Service of Copyright
Information
4.2.1 Care about R&D of Copyright
Information Management System
Service content provided by copyright information
management system. It includes: domestic and
foreign copyright trade information management,
such as copyright license information, the collection
and collation of copyright transfer information, etc.;
copyright right content management, such as
copyright registration, copyright data storage and
cataloging, copyright contract registration, copyright
pledge registration, etc.; anti-piracy information
management, such as tracking the use of works,
evidence recording of piracy, information disclosure
of pirated works, etc..
Design ideas for copyright information
management system. Copyright information
management system is basically a database on the
content (work and its various manifestations), which
also includes the authors and other right owners
information. The information is the basis of handling
others to obtain the right to use the work. So a
copyright management system usually consists of
two main modules: one for content authentication
and another for the works use authorization or other
transfer rights (such as sole agent). Computer and
network can make copyright owners access more
information about copyright and the authorization
handled more conveniently and efficiently; the
network copyright management system will work in
the absence of manual intervention which allows the
copyright owner to protect their copyright data and
automatically handle the authorization. Its biggest
advantage is that significantly reduce the transaction
costs of copyright. The ideal copyright management
system should immediately submit to users the
actual content of the works after authorization. The
main applications of network copyright management
system are to achieve the commercial
communication of the work content on the digital
network. The user's requirements may include both
content of their works and the right to use works;
also maybe that he has obtained work and simply
wants to use authorization; or maybe that he has
obtained authorization but to make changes or
addition to the original authorization. In this case,
the network copyright management system is the
most appropriate solution. In addition, copyright
owners should monitor the legitimate use of work on
the network by the appropriate measures. In this
regard, the network copyright management system
may be the only way.
CORDS system of the United States Copyright
Office. The electronic Registration record and
registration system CORDS of the United States
Copyright Office is a successful representative. The
system development started in 1993, aiming to
achieve online copyright registration applications,
registration and preservation of digital works
through the internet. The specific objectives include:
copyright owners quickly and effectively register,
apply for and store copyright works; through
accelerating the registration process, improve the
service, communication and management of
copyright office; control costs of copyright
registration and management; easily access to
network digital works data by the Library of
Congress.
Digital music copyright registration platform
(http://morp.mcsc.com.cn/). The digital music
copyright registration platform opened on the Music
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Copyright Society of China official website. Very
different from the traditional music copyright
registration, the technical means are based on digital
music copyright registration system platform, so that
the music producer like the general music lovers,
personal studios, record companies and so on can
register their works online. Once music works
registered, they will have the electronic watermark
of ISWC provisional code information (international
works code). ISWC is the digital ID works copyright
registration number of the music work. The code has
international uniqueness that you will have the
unique authorization number in the world once
owned; the electronic watermark will be attached to
the works to facilitate the search in large number of
digital information, and then achieve the purpose
that from copyright recognition to technological
protection.
Summary. From the view of technical support
needed by various copyright management business
links, the development and construction of domestic
and foreign copyright management system exist
deficiencies, and development of anti-piracy system,
copyright contract management system compared to
patent management system, trademark management
system is clearly lagging behind. China’s copyright
information service providers should actively learn
from the advanced R&D experience and technology
of copyright management system at home and
abroad, developing and designing characterized
system as soon as possible to meet the management
requirements.
4.2.2 Actively Promote the Construction of
Copyright Information Service
Integration Platform
Strengthen the construction of comprehensive
copyright e-government platform. We Should be in
accordance with the government management
functions and information resource of National
Copyright Administration, take development and
utilization of government information resources as
the main line, implement government affairs
openness, and improve the e-government application
and service levels, besides build a complete and
comprehensive e-government platform which
mainly releases information, work online, search and
process business and meets copyright management.
Narrow the gaps between copyright and patent
information service website-building as soon as
possible. China’s copyright information service
website-building is not as good as patent information
service website either from the number of sites or
the scale of sites. The administrative departments
should adopt policies to support the establishment of
some copyright information service website with
distinctive features, good service and excellent
management measures, driving the overall
development of the copyright information service
website.
Provide the comprehensive content of copyright
information management and service. Copyright
information service website should provide the
comprehensive content of copyright information
management and service, including: domestic and
foreign copyright trade information management,
such as copyright license information, the collection
and collation of copyright transfer information;
copyright right content management, such as
copyright registration, copyright data storage and
cataloging, copyright contract registration, copyright
pledge registration, etc.; anti-piracy information
management, such as tracking the use of works,
evidence recording of piracy, information disclosure
of pirated works, etc..
Promote the extensive use of copyright
protection technology. Encrypt digital content and
use digital signature technology during the network
communication to prevent data from being stolen;
realize the integrity of digital content with the digital
digest and digital watermarking technology to prove
that the author's copyright of the work, preventing
illegal copying and misappropriation of information;
realize description and verification of the digital
copyright through the public-key algorithms and
standards description; achieve the legitimate use of
digital copyright which is also the no copy of digital
copyright through binding individual identity;
achieve digital works transmission security through
the international standard secure transmission
protocol, that is, digital security pass during the
transmission. In addition, protect the copyright of
digital works by the limit of the online hits number,
control of reading period, costs payment method,
download times, copy pages and technically
encrypting the digital work copyright elements.
Actively promote the development of modern
content industry. We should vigorously promote the
development of digital, web publishing technology
with the information technology as support, promote
industrial upgrading and technological updating,
encourage the integrated development of traditional
media and new media, realize optimized
combination of the content resource as well as
innovative and high technology to build China’s
modern network print media. Our modern network
print media will take the resources, assets, business
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as the link to carry out cross-media operation, setting
the innovation, manufacturing, marketing, service of
content as a whole and forming the modern content
industry with China’s characteristics and
international competitiveness.
Vigorously develop digital publishing.
Publishing department should actively implement
the strategy of “digital publishing”, vigorously
develop the new media with the digital content, the
digital production and the network transmission as
the main characteristics, strive to impact technical
high ground of the digital media of the world,
strongly support the independent innovation mainly
based on the technology development, encourage
and support the development, production, publishing
and marketing of electronic newspapers, electronic
journals, network literature, network database,
mobile phone newspapers, mobile phone journals,
mobile phone novels and other new digital products
with the internet, mobile communication network
and digital television network as the main carrier,
research and develop the large national network
game with independent intellectual property. What’s
more, carry out systematic research on the digital
copyright protection technology.
Construct supervision and promotion platform
for publishing industry. Construct supervision and
promotion platform for publishing industry, and
establish bibliographic information database of
publishing industry, enterprise credit database,
online trading system, industry monitoring and
statistics data system.
Construct the well-developed copyright trade
and service system. Construct digital copyright
registration center, copyright resource center and
international copyright trade center. Encourage the
development of identification assessment, authorized
representative, copyright registration, copyright
financing, copyright auction and other intermediary
service institutions, improve the industrial chain of
publishing and copyright trade. Cultivate copyright
trading brands in the field of electronic technology,
improve the financing and the auction procedures of
works, and promote the products into the
international market, so as to make the copyright
convention and the copyright auction become the
information industry exhibition brands.
5 CONCLUSIONS
Copyright information service is an integral and
important part in the modern service industry’s
growth. In order to vigorously promote the
utilization and service of copyright information,
China should strengthen the copyright protection in
network environment, attach importance to the
research and development of copyright management
system, and actively promote the construction of
copyright information service integration platform.
6 THANKS
This paper is supported by the fund of "the survey
and statistical research of China's independent
intellectual property rights’ advantage industry
patent application and industrialization status" (the
subject code: B10I00341).
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