The Research Of The Coordination Between The Legal Protection For DRM Technological Measures And Fair Use In Copyright Law

The rapid growth of Digital New Media Industry makes the digital technologyinfiltrate into the media extensively. More and more works have been digitized, andthe copyright is also extending to the digital environment. DRM complies with thespecificity of the digital rights, and provides a strong protection for copyright owners.But the DRM protects the personal interests for digital rights owners, it encroachesthe public’s fair use rights seriously at the same time. Based on the project which isnamed the relationship between digital rights management and new media industry(NO.08BX010) of National Social Science Fund, the purpose of this paper is theconflict and coordination between DRM and fair use.Paper researches the DRM and the theory of fair use based on facts and data.Paper points out the manifestations、substance of the root and objective impact, provesDRM technical measures plays the great role of digital copyright protection under theresearch of literature. At the same time, paper stresses the necessity of fair use at thesights of freedom of speech and public interest. Based on the above research, paperdemonstrates the key to balance the interest between copyright holders and public isto coordinate the conflict under the conditions of the theory of the balance of interests.At the end of the research, paper obtains countermeasures and suggestions at the sightof technology、administration、justice and legislation creatively.