Study On The Legal Issues Of Copyright Technological Measures In China

Copyright technical measures are devices,equipment or technical means that copyright owners take to protect their copyright from infringement,which are responsible for restricting non-copyright owners'access to or use copyrighted works.They are essentially self-defense actions of copyright owners.According to its function,technical measures can be divided into two categories:control of contact and control of use.Both types of technical measures must satisfy the necessary attributes of defensiveness,effectiveness and legitimacy of the rights basis,which is also the demarcation line between technical measures and non-technical measures.The use of copyright technical measures is a double-edged sword,which requires caution and prudence.Proper use of copyright protection and public interest gains are of great benefit,while improper use often causes the dilemma of imbalance of interests between copyright holders and non-copyright holders.The functional need of technical measures lies in checking and balancing interests and contradictions.The principal contradiction of the need for checks and balances is the contradiction between the interests of copyright owners and the "public domain",the contradiction between technical measures and the system of rational use.Most developed countries and international organizations have incorporated copyright technical measures into their own laws.Although China has taken some measures in this regard,there are still some shortcomings.For example,there are still insufficient exceptions to evasion in the corresponding legal system,unclear criminal responsibility to evade,unclear obligation to disclose information due to technical measures and so on.We should protect copyright owners from abusing their rights to infringe on public interests,and actively promote the punishment of piracy in the context of the new network era,so as to achieve a delicate balance between copyright owners,copyright users and public interests.On the basis of the existing legal system,it is necessary to systematize the complicated and disorderly laws and administrative regulations,and to regulate the conceptual legal terms clearly.At present,the most important thing is to limit the abuse of copyright technical measures,to limit the concept and scope of technical measures,and to prevent unfair market competition by combining economic laws and regulations.With the development of digital economy and the awakening of copyright consciousness,only with the ultimate aim of judicature and the test standard,can we establish a reasonable and perfect system of laws and regulations in a real sense.