The Copyright Protection Of Technological Measures

The most surprising development in copyright law nowadays is that technological measures have been protected by copyright law, which is far from the principles of copyright law protection. After all, what is the right to technological measures? Is it important to setup and protect the right to technological measures? How to deal with the activity of evading and destroying technological measures? What about every country's copyright law on technological measures? How to design the frame of law on protection of the right to technological measures? How to establish the future copyright law on technological measures? How to choose correlative legislation pattern? All those must be answered when we establish the new copyright law in digital age. These questions are very important to us. This paper tries to research those answers and wishes to contribute to the improvement of copyright law, to protect copyright people's right efficiently and wholly, to accelerate the diffusion of knowledge and technological advance .However, when we enjoy the convenient life brought by measures which are changing with each passing day, traditional laws are also lashed wholly by measures. Copyright law faces new challenges. The development of modern science widens the object of copyright protection , variegates copyright's content. At the same time , the development of modern science dents copyright people's control of their works. Original copyright theories are doubted by new technology. Benefit balance mechanism in copyright field is inclined. Laws how to comply with technological innovation and technologies how to act in the law regulation has been one of the most popular topics in the times. So , laws need to establish reasonable balance mechanism, to find the best combination dot of technology and law. We should improve law's ability when it faces new technology and when it readjusts new society relations as well as should avoid law's excess protection to technology. This question should be attached importance to and be reflected fully in the adjustment ofcopyright law system.This paper addresses the history of copyright protection of technological measures in vertical, puts the current laws in horizontal, and focuses the conflicts between technological measures and copyright law. By contrasting every country's laws on technological measures and analysing the theorist grounds and the practical grounds of copyright laws frame design, this paper tries to forecast the future copyright protection and contribute to the establishment of copyright law. This paper uses many methods to research, including cases, comparison, coming under and deducing.This paper consists of four chapters. The first chapter expounds technological measures, including its implication, classification, history , its property of law and the importance of technological measures protection, and clarifies the relationships between technological measures and copyright law. In the second chapter, laws of US or EC and many cases are cited to make out of the copyright law .The third chapter briefs technological measures copyright protection lie and abatement reasons, introduces the scope, subject, content and the exception of the right to technological measures in detail. It summarizes the conflicts and incompatibility of technological measures and copyright law, assays the challenges to traditional copyright theory, and then tries to design the new system of protecting technological measures in copyright law .The last chapter is the conclusion part, it first cites lots of examples to make out the grounds of copyright laws frame design. Then it iterates two important principles in copyright, which are Balances of Benefits and Abuse of Right .On this base evaluates wholly all countries' law pattern, and tables a proposal to the technological measures articles in our Copyright Law, wishing to contribute to our country's copyright laws.At the last of this thesis, on the basis of original analyse, our country's copyright protection law of technological measures should be paid attention to next three points: First, the copyright law spirit of benefit balance should be grasped when we strengthen technological measures protection .Copyright people's benefit shouldn't be strengthened excessively. When we protect technological measures, at the same time, we should keepspace to fair use, should think over accelerating technological advance and society people's benefits. American experience can be used to us for reference on this point. Second, technological measures' scope and content should be made clear to detail the clause. As stressed by this thesis , technological measures are valid products, methods, equipments taken by copyright people and accord with the subject of legal. We can protect technological measures from evading action and evading device these two faces. Also can we from works visit control and use control. Third, thought from legal technology, laws of technological measures protection should be carried out in detail and individually .The relative regulations which can be operated would involve many problems which coordinate copyright laws system, so , the length of the law couldn't be too short. Which is more important is, technology is changing with each passing day followed by science. Technological methods have special economical benefit background. The understanding of technological measures is a process deepen step by step. There are many examines which face practice. Individual legal gives help to sum up experience in time and revise it.