Study Of The Legal Issues Of Digital Rights Technology Measures

In the digital age, the rights of copyright owners are threatened, for digital works can be easily and highly quality copied. Network distribution arises more and more copyright infringement. As we can see, various network infringement and thereafter the impacts on traditional copyright law are the consequences of the developments of new technology. Technological measures are now widely used to protect copyrighted works by copyright owners and Internet Service Provider (ISP). Considering the'all-or-nothing'characteristic of technological measures, how to protect copyright by technological measures and in the same time protect public interests? Technological measures are of more and more importance. This thesis analyses international treaties and legislation of some countries based on the system of technological measures, the subjects of technological measures and of ISPs, then points the direction and provides some advices to our legislative.The first chapter introduces the concept and types of technological measures.The second chapter arises ponders to the traditional copyright. It indicates the relationship between technological measures and the right of communication through information network and the impacts on"fair use"principle.Comparing foreign countries, the third chapter analyses legislation of China, and points out the shortages of our legislation. For example, we have wider variety of subjects of technological measures , we forbid all the circumvention to the technological measures and there are no exceptions, and we should put more infringement liability to the ICP.The fourth chapter gives some advices to the legislative. For example, we should admit"copyright exhaustion"doctrine under the circumstances of network, classify the type of technological measures and make it linked up with"fair use", make more exceptions of circumvention to the technological measures and reregulate ISP infringement liabilities.