Research On Technological Measures For The Protection Of Copyright In Network

The rapid development of internet and digital technology brings the huge shock on the traditional copyright industry, and they can make the infringer more easily illegally using the works with copyright by the means of replication, transmission or download, etc. However, it is difficult for the owner of copyright to take the full remedy measures. Therefore, it is necessary for the owner of copyright to apply some kinds of technological measures to protect his rights and interests and prevent others'infringing his own rights and interests. The particularity of network environment endues the technological measures of copyright with new contents, and it is quite necessary to discuss how to apply the technological measures under this new environment, the legality of circumventing technological measures, and how to resolve the relationship between the application of technological measures and reasonable use.In this paper, the author in details expounds the issues relevant to technological measures for copyright in network: in part 1, the author explains the definition, compose and categories of technological measures and the internationally legislative protection on technological measures. This article holds that technological measures based on private relief can effectively prevent infringements of copyright in network, which should be affirmed and protected by law. In part 2, the author introduces the characteristic of act of circumventing copyright technological measures. This article holds that technological measure in itself is network technology criterion, and act of circumventing copyright technological measures is only one kind of infringements violating the ban of copyright law. Because the component and liability limitation of infringements of this kind have a characteristic of constantly change with the progress of information network technology. Therefore, improving and perfecting the judgment criterion of component and liability limitation should be the key point of technological measures legislation. In part three, the author analyzes the legal benefit produced by the technological measures of copyright in network. This article holds that the legal protection of technological measures, in some extent, has given owner of the copyright some sort of"legislative authority", making each party's benefit of copyright in network change in different way. Take"Jingdiao"case for example, the balancing of interest inclines toward owner of the copyright. The technological measures for the protection of copyright in network should be combined with public interest of the public's knowledge acquiring, achieving a dynamic balance between both parties. In part 4, the author presents the legislative analysis and advice on Chinese technological measures of copyright in network. For example, add some general provisions such as concept, component elements and classification; the legislation of technological measures of copyright should crack down hard on the conduct of indirectly circumventing technological measures; expand the content of rational use system.