A Research On Legal Protection Of Technological Measures Under The Network Environment

In the modern society, the technological measures play a big role in protecting theinterests of the copyright owner, and they have been used widely in our life. However,measures for circumvention have also been created, which have infringed the interests of thecopyright owner. So, for protecting the technological measures, the WIPO passed two treaties.After that, many countries began to respond to the two treaties. While the protection for thetechnological measures maintains the interests of copyright owner, it does affect the fair useof the public without reasonable limits. The copyright law is being modificated now, thetechnological measures is a research hotspot, in this article, by studying the difference oftreaties, legislation on technological measures of different countries; it will be useful to ournational legislation on technological measures.This article mainly consists of four parts.Chapter one is the about the overview of the legal protection of technical measures. Itmainly introduces the definition, classification, the necessity of the technical measures, andthe conflict caused by the protection of technical measures. Through the comprehensiveintroduction of the basic content, this part illustrates the object clearly. These will provide ageneral starting to the other parts of this paper.Chapter two is about the protection of the technological measures. This part mainlyintroduces the content of the legal protection of technological measures, including theprohibition to circumvention and providing circumvention device or the rules.The treatiesand different counties have different rules. This paper tries to study the difference in legalprotection of different counties and district, and discuss the negative impact on the publicinterest.Chapter three is about the exceptions under the legal protection of technologicalmeasures. The legal protection makes the copyright owner powerful, in order to balance theinterests between the copyright owner and the public, there have to make some certainexceptions. By the comparative study of treaties, US, EU, Japan and Australia, to analyzingthe importance of the limitations and exceptions, and discuss the advantages anddisadvantages.Chapter four is about the improvement of the legal protection of technological measures. This part mainly introduces the situation of China on legal protection of technologicalmeasures, the relevant legislation in China starts late, and the legal protection in our county isnot specific. By the comparative study of treaties, US, EU, Japan and Australia, we can absorbthe experience of others appropriately. Based on the above, I put forward some suggestions.The third modification of the copyright law has caused the extensive concern of domesticscholars and stakeholders, the official revision has made a little modification on the legalprotection of technological measures, but not enough, and I will continue to focus on it.