A Comparative Study Of Copyright Technological Protection Measures Legislation

The age of the International has changed the form of the copy right, many digital productions exist on the internet Those digital productions will easy to spread、modified and copy, differ from traditional copy right the network copyright changed the object of the copy right and broke the balance of the traditional copy right system which it maintenance of. In order to protect the interest of copy right owner, the copyright technology legislation will be put forward, our country already has some copyright laws but those provisions are too old and principled to meet the requirements of this filed. so my article will intends to combine with the international legislate of copyright and the foreign copyright law to put forward the practical Suggestions in our country, this paper has five parts and it introduces the theory of the copyright protection and the copyright law of the other advanced countries. It is full of theory and practice.The first part is about the basic theory of copyright technological protection measures. This paper argues that copyright technological protection measures proposed new definition is not necessary, but should focus on the analysis of the elements of the basic content of the basic content should be subject eligibility, validity, legality and rights related to four aspects of understanding, copyright technological protection measures In addition to a protective function, it also has the function of trading. Copyright technological protection measures will be divided into two parts including contact control and usage control, Analysis the law nature of the copyright technological protection measures, the paper think do not belong to the relating right. Copyright law as the main weapon to prevent copyright disputes, to the pursuit of reasonable legal aspects of copyright person’s support and protection.The second part of this paper is about two aspects of protection regulations and restrictions on exception respectively expounds the legislation of international convention, the United States, the European Union and Germany. A brief review of the legislative requirements of the U.S., the European Union and Germany.The third part of this paper describes the status quo to be the copyright legislation of technological protection measures. To develop "information network dissemination Protection Ordinance," the implementation of boundaries, introduced legislation to try an early stage of the legislative and regulatory system initial formation stage legislative situation, focusing on the protection of exceptions and limitations prescribed for comparative analysis in later.The fourth part of this article on copyright technological protection measures carried out a comparative study of legislation. Compare divided into four areas:First, the definition of the basic content of the regulations. In this paper, the main limitation, the effectiveness and legitimacy criteria required three aspects were compared. Second, the prohibited acts provisions. Firstly, comparing the difference between whether the national legislation provides for access (contact) control and use control circumvention prohibition. And secondly whether to prohibit circumvention compared preparatory acts. Third, limitations and exceptions. In this paper, the relevant provisions of limitations and exceptions to be compared, in turn, the EU agreed on a unique system of exceptions to the right people and the German label focuses on the obligations were. Fourthly, the relationship between the system and the rational use of applicable technical protection measures for the protection of copyright provisions.The fifth part of this article discusses the comparative law perspective on copyright legislation of technological protection measures to improve learning. Specific divided into four areas:First, this article suggests a clear copyright technological protection measures should be implemented in the main body of law; increases the effectiveness of specific criteria; clearly defined copyright technological protection measures should have legitimacy. Second, the article suggests distinguish circumvent access (contact) control and avoid the use of control behavior, to improve presentation prohibited act provisions; and clearly ready to act to avoid the constituent elements, standardized to circumvent the prohibition of preparatory acts. Third, the paper suggests the use of not exclude application of the system of rational to maintain the balance of copyright law to protect the interests; should also improve provisions for exceptions to restrictions as soon as possible. Fourth, the article suggests drawing on the human rights obligations of the German mark law in order to promote the realization of resolve copyright disputes and copyright technological protection measures for trading purposes.Legislation should be guided by three principles of copyright law to complete the copyright technological protection measures that balance the interests of the principle of prohibition of abuse of the principle and the principle of responsibility. Should also be widely appreciated by the community, and to seek the views of experts with professional technology, thereby enhancing the scientific law.