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The Research On Technical Measures Of Copyright Protection

Posted on:2012-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y SunFull Text:PDF
GTID:2246330374495776Subject:International Law
Abstract/Summary:PDF Full Text Request
In this digital era, the combination of technology and network on the one hand makes the social economic and cultural growing fast, also have convenience and efficiency for people to get knowledge and interests. On the other hand, it brought great challenge for not only the fair and balanced of social benefits’distribution, but also the development of copyright legal system. Technical measures is produced in the interaction of technology and law which can be used for protecting their interests by copyright owner. Its self-help nature reflects the superiority and necessity, but with the appearance of acts of avoiding, the legal protection of technical measures has to be researched. However, although the legal protection has being no longer a controversial issue, as there are many conflicts with other systems or benefits, so how to moderately protect technical measures without harming the interests of other subject is an important issue which need to be solved.Nowadays, protect technical measures not only have clearly defined in WCT and WPPT, but also got the legislative admission of many countries in the world. In our case, the legal protection of technical measures also seems essential. Copyright protection of technical measures virtually is a way to make the right to be identified, so it has legitimacy and rationality, and it also reflect significant effect in protecting copyright owner’s right. But it probably be abused during the operation, just because the law is inadequate, and then it will make the various conflicts in legislation. These conflicts are inevitable, but it does not mean that can not be resolved, so there’s necessary to explore the crux. And the most important thing is, copyright law uphold the principle of balance of interests on the rights protection. Only by following this basic principle, we can get the effective solutions of set the rights and obligations of copyright law for protecting technical measures, and also conducive to resolve the convergence with legal systems just like fair use.
Keywords/Search Tags:Technical Measures, Copyright Law, Fair Use, Conflict
PDF Full Text Request
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