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Professor Wang Qian talks about the qualitative nature of NFT digital works trading
Author:        Release time: 2023-04-18        Reading volume:

Evening of April 15th,Hosted by bet365 app、The sixth session of the "bet365 app Intellectual Property Forum" hosted by the Shandong Copyright Teaching and Research Base was successfully held at the Qingdao campus。The speaker of this event is a professor from East China University of Political Science and Law、Ph.D. supervisor Wang Qian,He gave a wonderful academic report on the theme of "Qualitativeness of NFT Digital Works Transaction"。bet365 app Dean、Professor Zhou Changjun, Dean of Law School (Weihai), hosted a lecture,Professor Cui Lihong, Director of the Institute of Intellectual Property Law, Law School,Dr. Liu Jianchen, School of Law,Professor of School of Economics、Chen Qiang, doctoral supervisor in quantitative economics, serves as the interlocutor。Nearly a hundred teachers and students from our college attended the meeting。

Bet365 app downloadThe beginning of the lecture,Wang Qian described the technical principles behind the generation and transaction of NFT digital works with pictures and texts。Continue,Wang Qian analyzed the copyright law issues that may be involved in the two stages of NFT digital works trading。Wang Qian pointed out,In the preparation stage of the first step,Sellers upload digital works to the trading platform to “cast” them into NFT digital works,An act for the public to “interactively” browse and enjoy,Subject to the right of reproduction and the right of information network dissemination respectively。The second transaction stage involves the sale and subsequent resale of NFT digital works,It is still controversial whether it is an issuance behavior and the exhaustion of issuance rights is applicable。Wang Qian believes that although the transaction of NFT digital works is similar in appearance to the transfer of ownership of physical objects,But it does not necessarily lead to the same legal qualification。Interpreting the sale and resale of NFT digital works as distribution violates the basic principles of legal interpretation,And it will negate the right of information network dissemination in the current law。Further explanation,The distribution behavior in copyright law cannot be equated with the interactive communication behavior of providing works,The distribution of works cannot be interpreted as the act of providing without material carrier,The exhaustion of distribution rights is the product of reconciling the conflict between the ownership of the material carrier of the work and the copyright。simultaneously,Wang Qian pointed out that the transplantation of overseas experience needs to be combined with the current legislative status of our country。On the one hand, the United States identifies interactive communication as distribution behavior,But on the other hand, it is contradictory Bet365 Pokerto deny the exhaustion of distribution rights,Not enough for our country。The EU’s distinction between computer programs and digital works when evaluating resale behavior is the product of special legislation,It has no reference significance for our country。Last,Wang Qian advocates that the transaction, sale and subsequent resale of NFT digital works are not subject to copyright law,Also pointed out that the expected value-added income of NFT digital works is realized through resale。First-time sellers lack economic incentives to restrict subsequent resales,It is not necessary to rely on the exhaustion of distribution rights to give legality to resale activities。It is recommended to understand this behavior from the perspective of civil law,The essence of NFT bound to the work is a debt certificate,Characterize the transaction of NFT digital works as the transfer of claims,Clear the obligations of the initial seller,The healthy operation of the NFT digital trading market can finally be realized。



Conversation session,Cui Lihong expressed his gratitude to Wang Qian for his wonderful report,And shared two of his inspirations: First, the emergence of NFT digital works,Touching the pain points in the field of copyright,The author、The issue of realizing performers’ right to fair remuneration,NFT digital works transaction is given to the author、Performers have the right to fair remuneration and technical support,Through smart contracts on the blockchain,Author、The performer reaches an agreement with the other party on the basis of autonomy of will on how to benefit from the NFT digital work in the future;The second is to be wary of NFT, this technology is a "double-edged sword",While providing technical support,The possibility of copyright infringement will also increase,This requires strengthening technical measures to protect against infringement,Legislation Bet365 app downloadat the same time、In judicial practice, NFT digital platforms should also be required to have higher audit and attention obligations。Liu Jianchen first expressed support for Wang Qian’s views on interpretation,Then balance the intellectual property right holder and the property right holder、A comprehensive look at whether there is double charging that violates economic ethics and the notification obligation in the theory of transfer of claims,Consider the need to save transaction costs,Raise the question of whether the above issues need to be responded to in the copyright law in terms of legislation。Chen Qiang expressed his gratitude to Wang Qian for his wonderful report,And raised two questions about what is the content of the creditor's rights in the "creditor's rights transfer" act of sale and subsequent resale and what kind of claims are there。Interactive session,Wang Qian patiently and carefully answered the questions raised by the participating students。Last,Zhou Changjun highly affirmed the content of Wang Qian’s report,And emphasized the broad research space in the field of intellectual property law,Encourage students to pay more attention。



Best slot on Bet365Wang Qian,Professor of East China University of Political Science and Law、Doctoral Supervisor、Deputy Chairman of the Academic Committee of the University。Selected as a leading talent in philosophy and social sciences under the “Ten Thousand Thousand People Plan”、National Hundred Thousand Talents Project;Awarded the title of “Young and Middle-aged Experts with Outstanding Contributions”;Recognized as the 9th National Outstanding Young Jurist、Cultural celebrities and "four batches" of talents、“The most influential figure in intellectual property protection in the country”、“National Intellectual Property Leading Talent”、“China’s outstanding copyright achiever”、"National Outstanding Teacher"、Advanced workers in Shanghai;Enjoy special government allowances from the State Council;Received Shanghai May 1st Labor Medal、"First Prize of Huo Yingdong Young Teacher Award"。


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Copyright: bet365 app 2012 All Rights Reserved

Submission email:lawschoolwangzhan@163.com

Address: Shandong University Qingdao Campus, No. 72 Binhai Road, Jimo District, Qingdao     Zip code 266237

          Shandong University Hongjialou Campus, No. 5, Hongjialou, Licheng District, Jinan City    Zip code 250100