Coordinated Study On Protection Of Technical Measures And Rational Use

Technical measures are the technical means adopted by rights in the digital age to protect works or other objects.At present,technical measures cannot intelligently identify whether the user's use of the work is reasonable or illegal,and can only prevent all unauthorized access to or use of the work.Therefore,it can be seen that there is a natural conflict between technical measures and reasonable use of the work.In addition,our country provides the high level technical measure protection,which makes this kind of conflict to be more intense.First of all,ban on direct avoid terms completely overhead traditional fair use in copyright law,secondly,ban means avoid terms is to let the user is difficult to realize the reasonable use behavior,finally,the application of technical measures directly to breaks the traditional copyright law to establish a mechanism of balancing of interests,the holder of the technical measures in protecting works of the maturity date set is not conducive to the public to use the work.However,fair use is not the active right of the user,but the act of using the work without authorization and payment.The user cannot directly circumvent technical measures or provide circumvention means on the grounds of rational use.In order to promote the dissemination of knowledge,cultural prosperity and social progress,it is necessary to coordinate the conflict between the protection of technical measures and rational use,which is also the value goal of balancing the interests of copyright law.In order to leave necessary space for rational use and coordinate the balance of interests between the right holder and the public,the relevant legislative models of the United States,the European Union or Australia can be appropriately learned,the level of protective of technical measures can be appropriately reduced,and a communication and consultation mechanism between the user and the right holder can be established.In terms of stipulating the conditions for the protection of technical measures,the term and effectiveness of the protection shall be defined.In terms of lowering the protection level of technical measures,direct circumvention of technical measures shall not be prohibited,and the exceptional circumstances of providing circumvention measures shall be set.Finally,an effective mechanism of communication and consultation between the user and the obligee is established,and the obligation of the adopter is stipulated,so that the user contact the obligee and better maintain the balance of interests between the obligee and the public.