On The Regulations Of The Technical Measures About Network Copyright

The development of network technology increased the spread speed of work, but also provided facilitation for infringer. Through computer networks, anyone can carry out the low-cost, high-quality and unlimited reproduction of digital work. In response to this situation, the righter have to take technical measures to strengthen the control of the work. The so-called technical measures is a effective technical means used to prevent or stop an unauthorized use or unauthorized access of the work protected by the copyright law. Since the existence of technical measures, it must exist means to resolve technical measures, so the WCT and WPPT clearly defined States Parties Should provide suitable legal protection and effective relief methods for the technical measures which is took by the righter. Under the influence of this trend, most countries provided legal protections for the technical measures. Clearly, legitimate,suitable technical measures have great significance for the interest balance on the network space, so it is very important to provide necessary protection of technical measures.But, the Over-protection of technical measures will abolish or weakThe Statutory restrictions on the copyright, unreasonable prejudice to the fair deal with works by the public people, impede technological progress and industrial development. The technical measures are private means of relief which is taken by the righter on the network environment. Under the influence of monopolistic tendencies, the copyrighter used to over-Outstand the property of the copyright but ignored the knowledge, and then used the technical measures to redistribute the rights and obligations which were adjusted by the Copyright Law already, so that resulting in the abuse of technical measures, against the interests of the public. In practice, the abuse of technical measures don not bring about the impact of copyright law only, such as fair dealing, rights exhaustion, the impact of the public domain, but also bring about the impact of freedom of speech, anti-monopoly and network privacy protection. So it is necessary to take restrictions to the technical measures while provide protections.Although our country has warnings to the negative effects brought by the technical measures, and limited the technical measures in the legislation. But generally, there are still some deficiencies. Firstly, emphasis on the protection of technical measures but neglect the public right of fair dealing. Secondly, lack of effective regulations means to the abuse of technical measures. To solve these problems, the key lies in balancing the interests of cyberspace and comprehensive management of the technical measures abuse. Specifically, it is to re-adjust the rights and obligations of the copyright owner, increasing the obligations of copyright owner when protecting its technical measures. Make sure that the copyright owners'technical measures won't impede the public rights of fair dealing with works. To the comprehensive management of the technical measures abuse, through internal and external regulations to supervise the exercise process of copyright and make sure the copyright won't be abused.