On The Coordination Between The Legal Protection On Technological Measures And Fair Use In Copyright Law

Development of science and technology promotes the revision of the copyright law continually. Technological measures are important means to protect the interests of copyright owners in digital era. However, technological measures alone are insufficient. Since they are now subject to circumvention, many countries have enacted anti-circumvention articles to protect technological measures.Those anti-circumvention articles go too far in favor of copyright owners so that they erode fair use and do harm to the public interests in dissemination of culture. This thesis explores the impact on fair use resulting from the anti-circumvention articles, suggests that the key to restore the balance is the application of the fair use doctrine to the anti-circumvention provision.The regulations of technological measures in China's Copyright Law are so simple that China should import the related legal system from other countries selectively and amend the pertinent regulations.