| Recently, copyright owners had tried implementing various technological measures to protect copyright in cyberspace. But these technological measures could hardly protect meir works due to user's circumvention. Therefore, how to legally protect technological measures also becomes a hot issue for copyright law.WIPO enacted WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty on December 1996, and technological measure was taken into the system of law to be protected first Later, the United States also enacted the Digital Millennium Copyright Act in 1998, which prohibits the circumvention of technology measure that controls the access to copyright works and use of copyright works without authorization. Our country added the amendment about legal protection of technology measure to copyright law in 2001, in order to protect the interests of copyright owners better. However, the legal protection of technological measure should reach the interest balance between copyright owners and the public, solve the conflict with some ideas such as freedom of speech, fair use and first-sale doctrine. Every country has different definition about what is technological measure, but technological measure plays an important role for the protection of copyright of digital works in cyberspace.The content of this thesis includes four chapters. Chapter 1 illustrates the concept and categories of technological measures. Chapter 2 mainly introduces and discusses separately the condition of legal protection of technological measures in the United States, other nations and Taiwan province. Chapter 3 discusses the limitations on legal protection of technological measures and specifically analyzes the conflict with some ideas such as freedom of speech, fair use and first-sale doctrine. Finally, Chapter 4 introduces the related legislation of technological measures in the system of law in today's China, and presents some suggestions to the future possible problems and revision of the copyright law. |
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