Key words investigation and analysis; Piracy; Anti-piracy; Control piracy
First of all, about the object and procedure of piracy investigation
The subjects of this survey include enterprises, the general public and college students. From May 2065438 to May 2003, we collected data, made questionnaires and conducted field research. According to the particularity of the subject, the questionnaire is also divided into three parts, one is aimed at college students, the other is aimed at government departments and enterprises, and the last part is aimed at the masses. In the design of questionnaire content, there are also differences for different subjects. Our school has conducted some questionnaires on college students, mainly among undergraduates of different majors. The other two questionnaires were conducted by team members outside the school. As for ordinary citizens, questionnaires were mainly conducted on the streets of Guilin and at the gates of various communities. For enterprises, mainly in Guilin's Home World Computer City, I learned about the piracy of some electronic products from various businesses selling computers and CDs. And in many bookstores in Guilin, I learned about the situation of book piracy from the owner. In addition, members of the research team also went to Guilin Intellectual Property Office to learn about piracy, and went to Guilin Intermediate People's Court to learn about the number of piracy cases accepted by the court and the specific trial situation.
Second, the statistics and analysis of survey data
(A) Analysis of college students' questionnaires
The questionnaire survey on piracy is mainly aimed at college students, mainly at freshmen and sophomores, with a total of 40 people, including freshmen accounting for 25% and sophomores accounting for 75%.
1, attitude towards piracy
College students' attitude towards piracy is 80% neutral, and 10% supports and resolutely opposes it. Nowadays, among college students, the consumption concept is easily influenced, and some college students' consumption will follow suit. Of course, it does not rule out the ambivalence of some people, hoping that the quality of genuine products is good and the price of pirated products is low, which leads to the formation of a neutral attitude.
2. About the frequency of buying pirated products.
Among the 40 college students, 1 1 often buys pirated products, and 1 1 sometimes buys pirated products, each accounting for 27.5%, which is relatively small. 40% rarely buy, and 5% never buy. This shows that although college students are noncommittal about piracy, they are still cautious about whether they really buy pirated products.
Is it necessary to ban piracy?
In the minds of college students, 50% people think it is unnecessary to ban piracy, and 32% people don't care. With the development of socialist market economy, it is difficult to completely ban piracy in practice. The diversification of economic development leads to the existence of piracy. In reality, many college students generally have no financial resources and can only rely on their parents to provide them. They are unwilling to pay genuine prices due to their limited consumption level. On the other hand, college students have corresponding material, cultural and spiritual needs and can only buy pirated products. In this state of mind, most college students will find it unnecessary to ban piracy.
4. Reasons for buying genuine products and pirated products.
In the survey of students who like to buy genuine copies, most people think that genuine copies are of good quality and value for money, accounting for 42.5%; Those who think the genuine products are collectible, memorable and have good after-sales service each reach 17.5%. In fact, the quality of genuine products should be better than that of pirated products, with good after-sales service, while pirated products have no quality guarantee and low prices. For college students who like to buy pirated products, the main reason is that pirated products are cheap and easy to buy. At the place of purchase, there are a large number of low-priced pirated products in small shops and vegetable markets around the school, and there are also many pirated products on the Internet, which is a convenient place for college students to buy pirated products.
5. Reasons for rampant pirated products
After investigation, college students believe that the main reason for the rampant pirated products is that the copyright of genuine products is not recognized and maintained in place, accounting for 62.5%, and the reason for lax law enforcement accounts for 55%. Although these reasons have the subjective understanding of college students, objectively speaking, the current system of maintaining genuine products in China is really imperfect, with few legal basis and many loopholes. The attitude of law enforcement departments towards piracy is also perfunctory, leading to the proliferation of pirated products.
(b) Analysis of questionnaires aimed at the general public
Among the general public surveyed, 8% are under 15, 68% are between 15 and 25, 16% are between 25 and 35, and 8% are over 35. In the valid questionnaire, 92% of the respondents have bought pirated products. According to the distribution map, among those who buy pirated products, buying pirated products has nothing to do with income and age. 70% of the respondents believe that buying pirated products is cheap on the one hand, and easy to buy on the other, and the after-sales service of some pirated products is better than the genuine ones. This shows that the piracy market has a fixed business place and a certain quality maintenance system. 16% of the respondents don't know how to distinguish between pirated products and genuine products, which shows that people don't know enough about copyright issues, and may also show that pirated products are technically superb to a certain extent, so that the public can't distinguish them. Some interviewees don't know which law is against piracy. 60% of the respondents admitted that they could only choose to admit that they were unlucky after buying pirated products unintentionally. All these show that the general public does not exclude piracy and has a weak legal awareness. In the questionnaire, many people don't know which department is responsible for managing and cracking down on the piracy industry. Quite a few people think it is the industrial and commercial bureau or the public security bureau. Moreover, this questionnaire survey shows that although most people choose to buy piracy, most people also support cracking down on piracy. This reflects the complex and contradictory mentality of the general public on piracy.
(c) Questionnaire analysis for enterprises
In the questionnaire with enterprises as the main body, enterprises that resolutely oppose piracy are the mainstream (accounting for 58.82%), some enterprises are not very firm in their attitudes and positions towards piracy, and they are in a state of constant change, while a few enterprises support the existence of piracy. Regarding whether enterprises have participated in anti-piracy activities, 43.75% enterprises have participated in anti-piracy activities or prevented others from buying pirated products, and actively cooperated with the management of relevant departments or actively discouraged customers from buying pirated products. More than 30% enterprises did not actively participate in the fight against piracy, and a few enterprises actively encouraged customers to buy pirated products. With the gradual promulgation and implementation of relevant laws in China, the copyright awareness of enterprises has been improved, but there are still some enterprises pursuing profit maximization, which makes pirated products flood all informal and irregular markets in China. In the process of anti-piracy, we should not only clean up street vendors selling pirated products, but also start from the source and focus on cracking down on organized crime. In the comparison between intellectual property protection and whether price is the last word, it is found that more than 40% of the enterprises surveyed believe that price advantage is more effective than intellectual property protection in combating piracy. At the moment when copyright awareness has not been popularized, it is very effective for enterprises to reduce publicity, packaging, transportation and other expenses, reduce production costs, make room for lowering the price of genuine products, and lower the price to the same level as pirated products to benefit consumers. According to the prediction of the surveyed enterprises on the piracy market, more than 80% enterprises think that the piracy market in China is difficult to contain in the short term and has a trend of further development, and only nearly 20% enterprises think that piracy will be regulated soon. Piracy is regarded as a serious illegal phenomenon and has been severely cracked down by various countries. China has also taken many measures to combat piracy, but up to now, the phenomenon of piracy has not been effectively eradicated, but has spread day by day, and piracy activities are still rampant. Therefore, the short-term goal of anti-piracy is not to completely eliminate piracy, but to minimize its adverse effects.
Third, the enlightenment and thinking of the investigation
1, to raise public awareness of copyright protection
According to the statistics in the questionnaire, people who often buy pirated products account for the majority of the respondents, while those who never buy them are very few. This huge contrast directly reflects that the status of pirated products has been deeply rooted in the hearts of the people. China is still a developing country, where people's living standards are hovering in the middle and low grades, and there is a certain demand for pirated products. In order to improve the public's awareness of copyright protection, we must strengthen publicity and form a social environment and atmosphere for copyright protection. There are some major festivals or anniversaries about copyright in China, such as Intellectual Property Publicity Week and World Intellectual Property Day. With the help of these major days and some large-scale event platforms, we will focus on various forms, rich contents and attractive copyright publicity and popularization activities to let the general public know and understand the basic knowledge of copyright. At the same time, make full use of the communication advantages of TV, mobile phone and Internet, and set up some special copyright knowledge columns, programs, topics and lectures to make the concept of copyright deeply rooted in people's hearts. Finally, some popular education activities should be carried out to bring copyright education into the national education system, so that the public can benefit to the maximum extent.
2. Strengthen enterprise copyright protection.
Protection is the key to the cultivation, research and development, creation, use, transfer, management and protection of copyright. And protective measures are divided into preventive measures and relief measures. In terms of preventive measures, on the one hand, we should use various technical and legal means to prevent others from piracy, on the other hand, we should actively take measures to prevent our company from infringing others' copyrights; In terms of relief measures, the company's rights and interests are actively safeguarded through legal means such as negotiation, reconciliation, mediation, arbitration and litigation. Only by strengthening the cultivation of enterprise copyright, improving the independent innovation ability of enterprises, giving corresponding guidance and support to enterprises in the field of copyright, and helping enterprises to establish the awareness of copyright protection can we promote the development of China's copyright industry and maintain the order of China's copyright market.
3. Improve the national copyright protection laws.
Combating piracy is a very important task, and the country is constantly making efforts. China has been regarded as a "piracy paradise" by western countries for many years, thus becoming the object of many international intellectual property conventions, and there are trade disputes with many countries in the field of copyright. There are indeed many unsatisfactory places. In terms of the legal system and mechanism construction of copyright protection, China has basically established a relatively perfect legal system of copyright protection, and the new judicial interpretation has also lowered the conviction and sentencing standards of copyright crimes, which basically conforms to the provisions of the TRIPS Agreement. However, these legal systems still need to be further improved. As long as the government is not determined and strong enough to crack down, there will always be room for piracy. For example, in combating online piracy, the "Sword Network" campaign has achieved a series of remarkable results, but the legal provisions to combat online piracy are still not perfect. The state should strengthen the copyright supervision of audio-visual programs and audio-visual platforms. Standardize the use of online works, optimize the technical means of network supervision, emphasize the responsibility of network service providers, and effectively regulate the illegal uploading and downloading behavior of the general public in order to achieve substantial results in combating online piracy.