Technology Measures Of Protection Of Copyright

The rapid development of digital technology has brought great challenges to the copyright law since 1990' s. For a better control of works in the information age, copyright owners take efforts to protect their rights by using technological measures and pushing forward the copyright legislation to provide legal protection for them. After the two copyright treaties were concluded by the World Intellectual Property Organization (WIPO) in 1996 which exert on contracting parties the obligation of legal protection for technological measures, the copyright protection of technological measures becomes the one of national legal system.This dissertation, based on the comparison of international treaties and the legislation of interested countries, analyzing the concept, classification and requirements of technological measures, the author makes a systematic discussion on the behavior of circumventing technological measures and its legal attribution, points out its conflict with traditional copyright rules. The author emphasizes that technological measures legislation should be adjusted based upon the balancing of benefits, and gives some suggestions to the improvement of China's legislation of technological measures.This text includes five parts:Part Ⅰ have comfirmed the meaning of technological measures, the technological measures under copyright law is a device, production and approach that can efficiently control any person to access the copyrighted works, and it must be adopted by copyright holder; According to the differences of the function of the technological measures, it is divided into two categories: the access control technological measures and the use control technological measures.Part Ⅱ have analyzed the four requirements of technological meausres in details. The technological meausres should be taken by the copyright owners, it should be effective, legitimate and related to the protection of copyright or neighbouring rights.Part Ⅲ discusses the objective and subjective aspects in violations of...