Study On Technological Measures For Protecting Intellectual Property Right Of Digital Works

Protecting the intellectual property rights of digital works is one of the most popular themes in 21st century. In general, rights-holders tend to appeal to legal measures for their protection. In regard to the properties of digital works, nevertheless, legal measures alone often fails to solve the tortious problems promptly and fundamentally. It is proved that the appearance of technology protection measures provides a new approach to the task called for. Accordingly in this article, measures of technological protection for the digital works are discussed. This paper consists of five parts as follows:Part One: Digital works and their characteristics. It starts with the connotation, that is, the essential attributes of digital works to circumscribe their concept. Digital works are divided into two types: the digitalized works and the digitized works. Meanwhile the scale of digital works is summarized extensively. The connotation and the extension of digital works in this respect constitute the basis for our analysis of what defines the digital works. In the next, this paper defines the notion of technical measure for protecting intellectual property rights of digital works.Part Two: The problems that are facing the protection of intellectual property rights of digital works. Discussion over "how" to protect them is conducted in the digitalized and the digitized works these two respects. On the one hand, this part takes the issue of the copyright nature of digitalized works as the entry to analyzing the problems that may arise during the process of creating the digitalized works. On the other hand, similar approach is adopted to the analysis of the digitized works in terms of their content protection. In the ending section of this part, some other matters engaged with intellectual property rights of the digitized works are given due concerns.Part Three: Technological measures for protecting intellectual property rights of digital works. In this part, introduction is given to the techniques of firewall, authentication and encryption, as well as those of digital watermark and fingerprint, digital signature, and digital rights management. Advantages and disadvantages of each technical measure are analyzed thereafter.Part Four: Pertinent legal regulations and judgment. This part carried out a systematic descriptive study on the issue of legal protection of technical measures in the current World Intellectual Property Organization, Europe, America, Japan and China. Related provisions fall under the purview of this article.Part Five: The application of technical measures to protect intellectual property rights of digital works in information service industry. Started with the introduction torelated information service industry—in both the profitable and the public welfare systems, this part proceeds and concentrates on the implementation of the technical measures in the digital library and the copyright collective management organization. Their application in the marketing process of digital works and in the publication of the e-books is also presented in this part.