Discussion On The Technical Measures Of Copyright Restrictions

Copyright legislation and juridical practice have faced with huge challenge of developing network technology. Preventive technology has becoming necessary. Technology of copyright law is legal measures that copyright owners and related holders of right take. However, we should take attention that if technology is used too much, it will stymie development of society. Copyright owners excessively use resources that they had. It will form monopoly, even turn into a enclosure movement.This paper has four parts. The part one was about the limitation theory of technology measures in copyright law. Firstly, it has three theoretical basics including the balance theory, regulation of industry practice and competition, sharing knowledge and dissemination theory of market failure. Secondly, it discussed relationship between limitations of technical measures to technical measures. And then we have analyzed that it is necessary to limit the technical measures in copyright law. The part two expounded the situation of technical measures about laws, rules in our country. After that analyzing the causes of these issues mainly is the chaos of relevant legislation system. The main problems are beyond the copyright; hinder the subsequent creation. The part three introduced the limitations of technical measures in the foreign, and analyzed the representative of the United States, the European Union, Australia, Japan, international treaty rules. The part four putted forward some suggestions on technical measures to our country. The first is some advice about perfecting legislative. Secondly, expand the range of limitation in copyright law. Specific institutions announced every three years. It is from the United Stated. Then the author integrated the above theory, offered the proposal that default protocol and the application review process. Finally, the proposed relief systems of the abuse of technical measures, organize the regulatory agencies, organize the mechanism of punishment, and draw lessons from foreign legislative.Technological measures of copyright should not be unconditional and unlimited. It should keep up with the forefront of the Times,and based on national conditions. We should preserve the interests of the copyright holders as well as the normal transmission of artistic works, prosperity of cultural undertakings in our country.