Research On The Regulation Of Misuses Of Technical Measures In Copyright Law

Modern society has become a society full of nets, digital technology and digital measures. Along with the development of digital technology and internet, the copyright works spread to the public fast and conveniently. As for the authors, their rights as publishers are fully implemented. At the meantime, they win great economic profits. However, meanwhile others enjoy the unlimited accesses to copy and transfer the works on internet with little cost, which certainly violate the publishers'rights, but the traditional means of law are weak in protecting their rights. Therefore,the technical measures of "take precautions before it is too late" comes into application.However, technical measure is a double-edged sword. On one hand, under the digital environment, technical measures functioning as an effective means protect the copyrights and be esteemed by proprietors of subject of copyright. On other hand, technical measures may be always misused by the proprietors of subject of copyright in the implementation. The increasing real cases suggest that it is no longer a possibility for the block of technical measures to the public interests, and it turns out to be a real situation. The overdevelopment of technical measures threatens the public order, and it seizes public domain and limits the proper uses. In addition, it violates the profits of customers as well as becomes the tool of the proprietor of subject of copyright to monopolize knowledge and information, to compress the space of public benefits and to pursue his own material benefits. Therefore, we should restrict the misuses of technical measures simultaneously protect the technical measures.This thesis clarifies the relevant concepts of the technical measures and then discuses the harms to the society from the conflicts of measures misuses and the existing system finally contrasts and learns the legislation situations of foreign technical measures misuses. The thesis gives a systematic and thorough analysis of China's legislative actuality and points out the deficiency of the regulation of Copyright Act on technical measures misuses.Finally, the thesis proposes suggests of perfecting the regulation of Copyright Act on technical measures misuses of China.