The Conflict And Coordination Between Legal Protection For Technological Measures And Fair Use System Of Copyright Law In Digital Environment

In digital time, while the technology of information and internet develop rapidly, the copyright protection is facing up great challenges and then technological measures becomes efficient and forceful tools for preventing copyright infringement. On the other hand, the fair use system is suffering great impact because of the abuse of technological measures which also break and erode the balance between the copyright holder and the public and cause passive effect. How to coordinate the conflict between technological measures and fair use system is a critical and difficult question which is the object this thesis tries to discourse on and solve.The first chapter provides an overview of existing anti-circumvention laws including WIPO'treaties and relevant legislation of USA, Europe Union and Australia.The second chapter explores the cause and the situation of the conflict between technological measures and fair use system and subsequent effects. This part demonstrates that coordinating the conflict aforesaid is a necessary and pressing task.The third chapter focuses on the effort to coordinate technological measures and fair use by USA and EU. Their efforts have positive effects while retain obvious limitation and can't fix the fair use system eroded by technological measures.The fourth chapter is a critical part of this thesis. This part begins with the analysis of the legal nature of the fair use. By exploring the "positive connotation" and "negative connotation" of the fair use rule the author then demonstrate and explore fair use is a kind of legal interest for the public. After defining the nature of fair use, the author, draw lessons from relevant rules and precedent in legal theory and practice, try to design a set of feasible and specific system to resolve the conflict between technological measures and fair use and allow fair use realize by a new approach.The fifth chapter introduces China's existing legal system on anti-circumvention and fair use doctrine. This part points out the deficiencies and defects of China's relevant laws and regulations and then raises some suggestions for amendment and improvement in order to regulate and control the abuse of technological measures and provide legal guarantees for fair use.The last part draws conclusions from the observations made in the previous sections and sets out some ideas on the"balance of benefit"theory from the aspect of the purpose of copyright law.