A Study On Legal Issues In Technological Measure Of Copyright Protection

In order to prevent unauthorized access and use of their works coming along with the development of digital and internet technology, copyright owners start to adopt technological measures. However, these effective means are followed by circumvention and destruction. On one hand, it will for sure harm the benefit of copyright owners not to offer legal protection to technological measure, let along the creation and dissemination of culture. On the other hand, because copyright owners will gain very high control power over their works in this way, the protection of technological measure must be strictly defined, such as the definition, classification and the function standard of them.From the aspect of definition and nature, traditional copyright do not contain the definition of technological measure. Hence, it needs special legislation to protect those new means. WCT and WPPT of WIPO only made very basic rules, and gave the decision of the specific system to the members themselves. So according to their domestic situation each of them can choose its own level of protection. The nature of access control technological measure has not been mentioned during the members'legislation, while there is not an answer to this question in academic circle either. Because of the above, I will compare the protected objects of copyright law in traditional and digital environment, and then, come to the conclusion that the right behind the access control technological measure is copyright.When comes to adequate limitation of technological measure in copyright system, I will analyze the concession that technological measure protection should give according to the nature of two different types and the trend of traditional fair use system, acknowledge that legal and technological ways should both be adopted to restrike the balance between copyright owners and public.