Study On The Protection Of Technical Measure By Copyright Law

Great changes have taken place in the produce, use and spread of the works, because the development of the digital technology brings great impact on the copyright law. In the digital cyberspace, the protection of the copyright has become a big problem. However, the copyright law can't give the answer that makes the copyright holders fall back on the technical measure more. Certainly, the copyright law will not ignore this trend, and will provides legal protection to the technical measure. This paper, which has four chapters besides introduction and conclusion, studies this problem.The first chapter is named the summarization of the protection of technical measure by copyright law and the problem. First, I introduce the background of the protection of technical measure by copyright law briefly. Secondly, I observe the international treaties and legislations of different states and regions on the technical measure. Finally, I reveal the differences, such as the definition and classification of technical measure, the range of protection, the limitations and exceptions and the existence of periodical examination. Equity and efficiency are two fundamental aims of law, copyright law included. With the clue of aims of equity and efficiency, I analyze this problem in the jurisprudence approach of benefit-weighing and the law and economics approach of cost-benefit analysis to unify these differences.The second chapter is named the benefit-weighing analysis of the protection of the technical measure by copyright law. First, using the jurisprudence theory of the intellectual property and the experience of the legislation, I prove that the balance of the benefits is the foundation of copyright law and can guide the legislation of technical measure. Secondly, I analyze the changes of the benefit structure of the copyright law in the digital cyberspace. Finally, I examine the potential unbalanced benefits by the protection of the technical measure by copyright law, and then analyze the case of legislation of U.S.,to give some advices to protection of technical measure by copyright law.The third chapter is named cost-benefit analysis of the protection of technical measure by copyright law, which analyzes the differences of the technical legislation in approach of the law and economics. First,I introduce and comment on economic theory about cost-benefit analysis of property. Secondly, according to the characters of the intellectual goods, I discuss the differences of the cost-benefit analysis of the intellectual property specially. Thirdly, I analyze the affects on the cost-benefit analysis of the intellectual property by the digital cyberspace. Finally, I analyze the affects on the efficiency of copyright law by the legislation of technical measure.The fourth chapter is the last one, which is named the legislation of technical measure in China and the suggestions. First, I analyze China's current legislation of technical measure, which is mainly regulated in the Copyright Law. Secondly, I introduce and comment on the regulations about technical measure in Regulations on the Protection of the Right of Communication through Information Network (draft). Finally, I give my suggestions on China's legislation of technical measure, with the help of the conclusions educed through the second and third chapters.On the new problem of technical measure for copyright protection, this paper doesn't only step on the survey and compare of the legislations of different states and regions, but also analyze the differences on the protection of technical measure by copyright law through the jurisprudence approach of benefit-weighing and the law and economics approach of cost-benefit analysis, and give my own conclusion to unify the differences, which aimed at maintain the balance of benefits and the efficiency of the copyright law in the digital cyberspace. As mentioned in the conclusion, this paper also explore on the approach of the study on copyright in digital cyberspace.