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.

legitimately enjoyed by the creators of literary,

artistic, scientific works and other copyright owners.

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

 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.

understood as "copyright stated information", that is

a warning of work copyright, but the content of

view of the cultural development and intellectual

results protection, the copyright information is a

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

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

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

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

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

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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460

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

issues on weak protection of database copyright in

China. Facing weak protection of database by

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

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

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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

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

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

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

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

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

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,

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

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.;

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

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

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

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:

apply for and store copyright works; through

accelerating the registration process, improve the

service, communication and management of

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

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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

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,

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

Integration Platform

Strengthen the construction of comprehensive

accordance with the government management

functions and information resource of National

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;

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

standards description; achieve the legitimate use of

digital copyright which is also the no copy of digital

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

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

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

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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