Legal Research On Technological Measures Of Copyright

Technological measures of copyright are the technologies that are used to copyright works by copyright holders in the technological age, in response to the violations of copyright. They can prevent anybody from contacting or using the works without permission. They are a kind of self-help approach by technologies. The "WIPO Copyright Treaty" and the "WIPO Performances and Phonograms Treaty", which were adopted by WIPO in 1996, clearly define that the parties have the obligations to provide protection to technological measures of copyright.Technological measures which get protection by copyright law must meet three conditions:given subject; technology related; effective technology. Based on the functions, technological measures can be divided into two types:controlling access measures and controlling using measures. Protecting technological measures by law doesn't mean that technological measures are rights, they are just means to protect copyright. Copyright law protects them just in view of their specific characteristics. Practices show that the protection of technological measures can inhibit the trend of copyright infringements and greatly protect the interests of copyright holders. However, Legal protection on technological measures of copyright conflicts with the basic principles of copyright law, the public interest and the competition policies. While protecting the technological measures of copyright, we must put some kind of limitations on them so as to construct an interests-balancing mechanism. Both the U.S.A and the European Union not only set up specific exceptional regulations, but also establish an exceptional review mechanism. China can get references from these provisions.China has provided protection to technological measures of copyright at different legislative levels, however, improvement is still needed. Firstly, China must change the decentralized mode of legislation, subsume the provisions to the copyright law, establish a separate chapter, or establish a chapter in judicial interpretation. The details of the improvements should include:making an accurate definition of technological measures of copyright; establishing the standard of equipments which are regarded as violated equipments; increasing exceptions of prohibiting circumvention of technological copyright. In addition, we should make rules on market competition law to prohibit limiting competition by abuse of Technological measures of copyright.