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Legal Regulations On Technical Protection Measures System Of Copyright

Posted on:2018-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:B Q WenFull Text:PDF
GTID:2336330515487000Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of the internet and the arrival of the area of digital technology has brought great challenges to the copyright system.In this way,the work can be converted into digital form and easily spread and copy through the network so that users can easily access to any digital content anywhere in the world without going out.The interests of the copyright owners have been severely tested.In order to protect their own rights not been infringed,the copyright owners began to use a variety of copyright technology protection measures on the network and digital works so that the users are restricted to access to the work and to use the work without authorization.The development of science and technology is a double-edged sword,which allow the copyright owners to use technology measures to protect their rights and interests better,but also allow users to create more ways to circumvent and crack technical protection measures and equipment.Therefore,various countries have begun to legislate to protect the technical protection measures.However,the interests of the public and rational use are often overlooked,which is due to too much protection of the legitimate rights and interests of the copyright owners in the legislative process.At present,the expansion of copyright has reached unprecedented proportions,which broke the balance of interests between the copyright owner and the public.In the digital environment,most scholars are concerned about how to better protect and limit the copyright technical protection measure system to achieve a new balance.With the development of economic globalization and the arrival of the area of knowledge economy,the relationship between international trade and copyright industry is getting closer and closer.Every country has begun to set up a multilateral free trade agreement,of which the copyright technical protection measure system is an important part.Firstly,this paper discusses the basic theory of technical measures,and introduce the new definition of technical measures in the digital age,and analyzes the basic connotation.Then analyzes and compares the legal system related to the copyright technical measures at home and abroad,mainly expounds the legislation of international treaties and foreign legislation,such as the United States,Japan and the European Union.The third part discusses the legislation of copyright technical measures in our country,and analyzes the change and progress of the copyright law amendment bill compared with the existing copyright law.By comparing the relevant legal system in Europe and America,the paper sums up the commonness of each country,so as to give some suggestions and inspiration to our current legislation.In the end,the paper makes a deep reflection on the negative situation of technical measure,focusing on how to balance the interests of copyright owners and the public in the digital area,and gives the point on how to improve the legislative of technical measures.
Keywords/Search Tags:Technical Measures, Copyright Law, The Balance of Interests, Freedom of Speech
PDF Full Text Request
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