Research on Legal Regulation of Online Payment Q&A Platform

【Abstract】With the increasing development of social networking platforms such as Weibo and Wechat， the payment question and answer mode based on social networking has gradually emerged. However， the determination of payment standards， profit distribution between the platform and the author， and the open time limit for intellectual property rights On other issues， the current law does not specify feasible provisions. Therefore， it is very necessary to supplement the existing “Peoples Republic of China Intellectual Property Law” （hereinafter referred to as the “Intellectual Property Law”）.

【Key words】Internet payment Q&A;； intellectual property； infringement； legal regulation

【作者簡介】馬翼增（1993- ），男，漢族，四川成都人，碩士研究生，西華師范大學，研究方向：民商法。

I. The Status and Problems of Legal Regulation of Online Payment Q&A; Platform

Although the network pay question and answer platform has improved the dissemination efficiency of knowledge and valuable information， at present， there are still many problems in this network platform.

1.Lack of uniform payment standards

Taking “substitution” as an example， the Q&A; fee of the platform adopts the following rules. First， the fee paid by the user to answer the owners question is determined freely by the owner of the copyright. Once a respondent determines that he needs to answer a question， Fees charged， then any other users to ask questions， will be charged in accordance with this standard； However， after any one question is answered， other users as onlookers， only need to pay a dollar to see the answer to the question. However， for copyright holders， their creative intellectual achievements should be protected equally. Since the copyright owners have applied the established fee standards for the questioner， why are the onlookers only applying the “one dollar” standard？ If the copyright owners fee is 100 yuan per question， is there a legal basis for the difference of 99 yuan？

2.Lack of reasonable disclosure time limit

Take the Weibo Q&A; as an example. After three months of aging， a question that has already been answered is automatically converted into a free resource. Since then， the consultation will no longer require any payment. This rule is obviously in contradiction with the current legislative concept of the “Intellectual Property Law.” Copyright should be attributed to copyright holders， and the right holders shall independently determine the application and disclosure of copyright， not the online platform. The disclosure of all issues after three months of use does not reflect full respect for copyright.

II. Measures for Legal Regulation of Online Payment Q&A; Platform

First of all， the determination of the value of a work should be based on the rightful judgement of the right holder. Therefore， after the respondent determines the price the questioner must pay， it should also determine the value of other users onlookers according to their own judgment on the value of the questions answered. The price paid， as a party to the platform， has no right to interfere with the pricing power of the copyright owner. At the same time， in order to ensure the development of the platform side， it may be stipulated that the network platform providing the fee-based question and answer service can participate in the division of problem income， including on-the-spot income. Secondly， according to the current “Intellectual Property Law， ” the copyright of the copyright owner is exhausted after the work is first disclosed， and thereafter other peoples use of the work can no longer pay the corresponding price. However， according to the legislative spirit to interpret this specification， the first disclosure of a work should obviously be decided by the copyright owner， rather than by a third party. Therefore， the effectiveness of the three-month paid “Weibo Q&A;” is obviously not in line with the legislative intent. Therefore， through the supplementary provisions， the copyright owners right to make decisions on the publicity of works should be guaranteed.

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