Reflection On The Legal Regulation Of Copyright Technology Measures Based On The Theory Of Interest Balance

The rapid development of the Internet and digital technologies has brought great impact to the traditional copyright system.In the digital network environment,people can more easily use copyrighted works by copying and downloading.The rapid development of network technology has broken the original balance of interests.The copyright owners have launched self-reliance to protect their rights and interests,and have used technical measures to counter the infringements in the network,thus injecting new vitality into the copyright system.Both the WCT and the WPPT have legally protected the technical measures.The major countries led by the United States and the European Union have further improved the domestic legal system on the basis of the aforementioned two conventions.Because technical measures may lead to institutional conflicts,affecting the fair use system and personal privacy protection system,and the improper use of technical measures may bring some negative consequences,the law must regulate the technical measures.Based on the theory of interest balance,this paper firstly demonstrates the reasons for the legal regulation of technical measures from the aspects of institutional conflicts and negative consequences caused by copyright technology measures,and analyzes the balance of interests of technical measures.The legal provisions of the measures are analyzed in detail,summarizing the problems existing in China.After a detailed comparative analysis of the international community's treaty for the realization of the balance of interests and the domestic legal system formulated by each country,it summarizes the places worthy of reference and puts forward suggestions for the improvement of the legal system of copyright technology measures in China.It can be improved mainly from the aspects of basic connotation and limitations.By clarifying the main body of implementation of technical measures,classifying and protecting technical measures,and clarifying the provisions on the effectiveness of technical measures to improve the basic connotation of technical measures,Technical measures are restricted in terms of the obligation to disclose information,prohibit the use of technical measures to monopolize or collect personal privacy information,stipulate the duration of use of technical measures,and increase exceptions.