Critique And Choices Of Legislation On Technology Protection Measures Of Copyright

In the digital era, lots of works became independent from the hardcopy and existed in digital form. Because works in digital form can beeasily copied and distributed, in addition, the internet provided a breedingground for file sharing, numbers of copyright infringements increasedrapidly. In order to combat piracy and protect they legal rights, copyrightholders have made use of so-called technological protection measures(TPM) that are aimed at regulating the copying, distribution, and use ofand access to digital works through law. In1996, member states of WIPOhave concluded two related treaties which required all member states toprovide “adequate legal protection and effective legal remedies against thecircumvention of effective technological measures that are used by authorsin connection with their rights in copyright works.” In a response, leadingcountries then take measures to amend they legislation for compliance ofinternational treaties.The copyright owner has benefited from the significant reduction ininfringement due to the legal protection of TPM. However, the problemfollowing this is: some traditional mechanism of balancing of interests incopyright law, such as fair use and first sale doctrine, has been limited oreroded because of the ubiquitous TPM that are overly protected by the law.The expansion of copyright has seriously threatened the public rights. The critics have been calling for reform the legislation and protecting publicinterests and basic rights. So, the lawmakers are reconsidering the lawsand seeking a new outlet.This article try to find a new system design that abide by the principleof trade-off on the basis of the critical study on legislation of TPM, andthen put forward constructive opinions on improvement of legislation ofTPM in China combined with the actual situation.This article will first introduce the basic conceptions of TPM, clearand definite what is TPM. Then, it will focus on the detailedanti-circumvention rules in some major countries from the perspective ofcomparative law, and will identify the major problems of theanti-circumvention provisions through analysis of the legislationbackground and specific legal provisions. It will dig the main crux oflegislation of TPM in accordance with the related critical research, andthen try to look for other new answers for the current situation. Finally,this Article will suggest reforms for the anti-circumvention legislation inChina by drawing on experience from existing legislation and scholar’sresearch.