Study Of Technological Protection Measures Protected By Copyright Law

In digital age, infringement became more and more easy since almost all kinds of works can be digitalized. Technological protection measures (TPMs) is the most directive instrument to protect the author's rights. But at the same time, the circumvention devices and services emerge, in order to encourage copyright owners to digitalize their works and transmit them on the network, a lot of countries provide protection for the TPMs applied by the owners of the works. But the blurry language of the international treatise result in the differences in how to protect it, especially in whether the access control TPMs should be protected and whether the circumvention devices should be banned. And the critics point out that the TPMs may conflict with traditional copyright law, and may be abused by the owners, which will destroy the balance of the benefits maintained by copyright law.Based on the characters and nature of the digital works, the author analyzes and researches the relative legal issues, with the pragmatic methods. Five parts are concluded:The first section is the brief introduction to TPMs, including the revolution of the transportation and creation of the digital works, the commonly used TPMs and its classification and scope. The author deems that only the TPMs which are effective, used by authors, in connection with the exercise of their rights are protected by copyright law.The second part discussed the necessity of the legal protection of TPMs from the aspect of copyright stimulant theory and economical analysis.The third part , through comparing the foreign countries' legislation, the authorpoints out that the access control technological measure should be protected since the works and its carrier are separated in the digital environment, and the access control technological measure should not be restricted by the fair use. Circumvention devices also should be banned since they are the sources of circumvention conduct. Through commenting on the criterions applied by the advanced country, the author tries to seek the balance between copyright protection and industry development.The fourth part probe in benefit conflicts in TPMs, especially discussed the relationship between TPMs and fair use, first sale doctrine, and the issue of the abuse of TPMs. The paper also introduce foreign country's effort to reduce the negative impact on the balance of benefit in the copyright.In the last section, the author analyzes Chinese legislation on TPMs and suggests that circumvention devices and services should be banned and new exemption should provided.