The Exceptional System Of Anti-circumvention Copyright Technology Protection Measures

The widespread application of new technologies such as digital technology,big data,and cloud computing in the copyright industry has fundamentally upgraded and changed the generation and dissemination of traditional copyrights.The current law prohibits the circumvention of technical protection measures exceptions can no longer meet the needs of the current copyright industry development and the needs of copyright users.It is necessary to use the prohibition of circumvention technology protection measures exception system to adjust the contradiction between new technology and copyright industry development.Solve conflicts that prohibit the circumvention of technical protection measures restrictions and exceptions from the existing copyright industry development and copyright theory.First of all,it is necessary to define technical protection measures,evasive technical protection measures,prohibition of circumvention of technical protection measures,and the prohibition of circumvention of technical protection measures.The legal premise of prohibiting the circumvention of technical protection measures exception system and the prohibition of circumvention of technical protection measures restrictions and exceptions The legal environment of the Department,so as to more comprehensively propose the improvement of the restrictions and exceptions for the circumvention of technical protection measures under the premise of existing protection technology measures.Secondly,sort out the existing legal provisions on the prohibition of circumvention of technical protection measures and the provisions in the Copyright Law(Draft for Review)in China’s "Copyright Law","Regulations on the Protection of Information Network Transmission Rights" and "Regulations on the Protection of Computer Software",and Summarize existing regulations and the deficiencies in the Copyright Law(draft).Exploring the strict protection of cloud storage,big data,block chain and other network information technologies on objects such as works,so that the reasonable use rights of the public can not be realized,the rights of paying users are restricted,and the copyright rights of copyright-related rights holders are related.The interests are constantly expanding.Analysis of the excessive protection of copyright causes the user’s right to access information and the system of reasonable use to be restricted,and the property rights of paying users are infringed.Finally,in the practice of fulfilling the relevant obligations of international treaties and meeting the actual needs of copyright industrialization,balancing the balance of interests between copyright ownersand users,comparatively studying the US exception system for circumventing technical measures,and discovering the US general exception system and temporary The flexible model of the combination of exceptions and the metrics for prohibiting the circumvention of technical protection measures can be used for reference in China.Therefore,China’s prohibition of circumvention of technical protection measures exception system can be: First,the clear legislative model is a combination of general enumeration and generalization of the principle of metrics.Second,add more reasonable use cases,smart devices to facilitate the operation situation,the reading of the exceptions to the circumvention of technical protection measures,and the corresponding provisions of the Copyright Law and the Regulations on the Protection of Information Network Communication Rights.The law makes recommendations for improvement.Third,establish a safeguard mechanism that prohibits the circumvention of technical protection measures exception system: set up specialized agencies to provide users with circumvention tools,rights holders,which is directly provided by the website communication channels.