The Copyright Law Protection Of Technology Measures: Comparision And Review

The legal protection to technology measures(TM), which derived from U.S. case in 1988, is one of the core problems for copyright law that must resolve in 21 century. Because of WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty passed in 1996, the copyright protection of TM increasingly becomes the one of national legal system.The TM under copyright law is a device, production and approach that can efficiently control any person to access the copyrighted works, and it must be adopted by copyright holder. Infringe for protection of TM included directed and undirected infringement, and the principle of liability also includes two: strictly liability and neglect liability. But there are only ruled directed infringement and neglect liability in China. As all copyright law, there are three limitation on TM protection that are fair use, new exemplar list and authority that can pass new limitation.TM, in nature, is a new institution used for net-works, and it also is the economic right of the works' neighbor righter. The reason that copyright law protect TM, is the public goods of knowledge's nature. The externabilities of copyrighted production cannot corrected by traditional means of copyright law because of the new technology. And TM is the production of the new institutional wants.However, the protection of TM is a tide of strengthening the works' economic rights, so the TM may conflict with the value purpose of expression freedom and fair use and so on. Besides these, it also may conflict with traditional copyright law such as first sale doctrine, protection terms and so on. So, we must protect the interest balance.Concerning about the institutional design of TM under interest balance, the copyright abuse doctrine can uphold the user right to non-infringement use such as fair use and expression freedom. Second, the exceptions of person's use will balance among the interest subjects. Final, the copy royal will be our better chooses .Because China law is too simple, TM protected by Chinese law still depend on the Rule of TM Protection. Leaning from the succeed and failure of nations' legislation, we will perfect our copyright law.