The popularity of digital collections needs to fill the regulatory gap

2022-06-16

A head portrait is worth millions of yuan; Digital collections priced at tens of thousands of Yuan sold out in a few seconds; A picture with tens of yuan can be sold for thousands of yuan... In the past two years, digital collections in the field of cultural and creative industries have become "hot". The reporter found that some digital collection platforms used making money as a gimmick, set up various "playing methods" to attract new players, and the industry hype became stronger. Due to the lack of corresponding supervision, some platforms even cheat consumers and run away with money. Professionals believe that relevant departments should issue Guiding Opinions on this, standardize the qualifications of digital collection platforms and market transaction rules, and guide the healthy development of the industry. Digital collection trading staged "drum beating and flower passing" Digital collections, also known as NFT (non fungible token), refer to non-homogeneous tokens, which are encrypted by blockchain technology to make specific works and works of art unique, including but not limited to digital paintings, pictures, music, jewelry, 3D models, etc. At present, the domestic digital collections cover cultural tourism, sports, art, entertainment and other fields. Digital collections help boost the digital transformation of cultural and creative products. In January this year, Luoyang Museum in Henan Province released a digital collection based on the "stone tiger of the Northern Wei Dynasty" for the first time, with a limit of 10000 copies. Li Yan, head of Luoyang Museum Cultural Relics Protection and restoration Co., Ltd., told the worker's Daily: "unexpectedly, it was sold out in less than one minute." During the Dragon Boat Festival holiday, Luoyang Museum struck while the iron was hot, and released five digital collections of Luoyang city scenery. Each collection was limited to 3000 pieces, each at 39.9 yuan, and sold out in three days. It is understood that the digital collections of many cultural and Museum units have similar hot selling experience. Li Yan lamented that previously, the museum's definition of cultural and creative products was limited to such entities as clothing, stationery toys, household goods, catering appliances, hanging accessories, artworks and ornaments. "Digital collections have opened the door to a new world for the cultural and creative products industry.". Pan Helin, CO director and researcher of digital economy and financial innovation research center of International Union Business School of Zhejiang University, believes that the value of digital collections comes from the recognition of users. The IP concept and artistry contained in the collections should be the main motivation for consumers to buy digital collections. Senior player tangbrown told reporters that most domestic players are post-90s and post-00s, and many of them are college students. "Some of them are optimistic about the future prospects of the meta universe and digital collections, but most of them join the game only because they hear that they can make money.". Can digital collections really make money? Donbrown bluntly said that the current digital collection trading market is similar to "drum beating and flower passing". With the transfer of collections layer by layer, this transfer process may be interrupted at any time in the hands of someone. "Some players can only sell at a low price after taking over at a high price, and some college students even carry high online loans for this." Don Brown said. There is a platform to be both a "referee" and an "athlete" Xuejun, a professor at the Law School of Peking University, analyzed that digital collections, as a new phenomenon, only have the right confirmation basis through digital authentication technology, which is not special. He pointed out that part of the reason for the current popularity of digital collections is that some criminals use new concepts to hype. It is understood that some digital collection platforms, under the guise of "airdrop" and "synthesis", attract new users to join, and there are also 0 yuan rush purchase, random welfare, blind box and other constantly renovated hype means. Some platforms even act as both "judges" and "athletes", issuing collections while using capital to "raise prices" for their collections in the secondary market. "Some of the platform collections are of average quality but extremely high prices. They are obviously 'funds' and some do not even have the qualification to publish collections." Said Lihui, a player and platform service provider. Since this year, the digital collection industry has ushered in an explosive period. Some data show that the number of domestic digital collection platforms has increased from less than 100 in February to more than 300 in May, and the transaction volume has also increased significantly. At the same time, consumers continue to claim that their rights and interests have been damaged. Player Yang Lin said that the most common problem is that the platform promises new people to buy collections and give physical gifts, but has not paid them as promised, or spent money but did not receive the collections. "The most terrible thing is that the money charged to the platform can not be withdrawn, and some platforms even roll money to run away.". Yang Lin said that the 1000 yuan he had recharged on a platform disappeared out of thin air the next day. He responded to the platform customer service many times and has not been dealt with so far. In addition, it is also a problem faced by consumers that they do not support return refund and personal information disclosure after purchase. The reporter saw from the black cat complaint platform that there were more than 1000 complaints about digital collections, and the objects of complaints were all various trading platforms. Xue Jun said that if some platforms have malicious speculation, or engage in illegal fund-raising and pyramid selling with the help of digital collection gimmicks, the relevant departments need to crack down severely. Recently, several digital collection platforms have been exposed to rumors of bankruptcy and running away. In May this year, the official wechat of the digital collection platform "TT digital collection" announced that the company's boss misappropriated the platform's start-up funds for investment, resulting in shrinking positions, the platform could not continue to operate and declared bankruptcy. It is understood that China's regulatory authorities strictly prohibit the speculation of virtual currency transactions, but at present, there is a lack of clear definition of digital collections, and relevant legal provisions and supervision are missing. Legal and regulatory gaps to be filled "Digital collections are commodities of certain value, and the legitimate rights and interests of consumers should be protected accordingly, such as the right to know, the right to fair trade, and the right to make independent choices." Zhaohu, a lawyer of Beijing Zhongwen law firm, said in an interview with reporters. Considering the lag of the law and the many problems the industry is facing, Zhao Hu believes that the administrative and law enforcement departments can first issue guiding opinions to standardize the qualifications of digital collection platforms and market transaction rules, so as to guide the healthy development of the industry. "The intellectual property rights of the collections should also be further clarified." Zhao Hu further explained, "for example, what kind of works of art must be authorized to generate digital collections, which do not need copyright permission, and how the digital copyright belongs." In October last year, the National Copyright Trading Center Alliance, China Academy of fine arts, Hangzhou Internet Notary Office of Zhejiang Province and ant group jointly issued the "self discipline Convention for digital cultural and creative industries" to resolutely resist the malicious speculation of digital cultural and creative products. Recently, the China Internet Finance Association, the China Banking Association and the China Securities Association also issued an initiative calling on member units to resolutely curb the tendency of NFT's financialization and securitization and strictly prevent illegal financial activities. Xue Jun said that to standardize the development of the digital collection industry, it is necessary to strengthen the supervision of the digital collection platform and implement the relevant responsibilities of the platform. When publishing collections, the platform should ensure the openness and transparency of prices, trading conditions, service rules, etc. the platform that allows collection trading should also specify the corresponding capital security protection measures. "On the other hand, users should have a sense of risk and avoid participating in transactions with a hype mentality. They should choose a qualified platform with transaction guarantee for consumption, and confirm and verify the authenticity of the product before the transaction." Xuejun said, "if the platform is found to be illegal or the rights and interests are damaged during the transaction, consumers can complain to the relevant departments. The relevant departments should investigate and deal with the problems in a timely manner after finding them." (Xinhua News Agency)

Edit:He Chuanning    Responsible editor:Su Suiyue

Source:Worker Daily

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