The Conflict And Coordination Between Technological Protection And End-User Fair Use

In the context of digital copyright,the realization of copyright law purpose,that is to promote the dissemination and development of knowledge and maintain the balance of interests,as well as the guarantee of the right to freedom of information,are both closely related to the guarantee for end-user fair use.However,the practice of copyright owners expanding copyright content by technological measures not only poses a serious threat to end-user fair use,but also challenges the value base of the copyright system.How to coordinate the protection for technological measures and end-user fair use has therefore become an important issue in the digital age,which needs to be studied.Firstly,this paper differentiates the end-user from the abstract social public interest,those who can be the subject of the specific rights and obligations of the copyright exception,and proposes the end-user fair use,in order to truly reflect the cultural interests that the natural person should enjoy in the copyright exception and clarify the boundary of copyright in the digital environment.Secondly,this paper conducts a case study to analyse the practical threats brought by the use of technological measures to protect the end-user from the normal use of works,learning and creation,and sharing of works between private individuals.In order to coordinate the conflict between the protection of technological measures and end-user fair use,this paper conducts institutional analysis and comparative research on countries and regions with better legislation,and extracts institutional experience worthy of reference for our country.That is,exceptions for end-user fair use should be included in the protection of technological measures,and the end-user should be given the right to circumvent technological measures.On this basis,combined with China's national conditions,legislative status and extraterritorial legislative experience,this paper concludes that China's copyright law should give end-user the right to circumvent technological measures to implement fair use.Specifically,the copyright owner should reserve a technological channel,allowing end-user to access or use the work in the lowest reasonable proportion.For some fair use situation that is difficult to adopt technological presupposition,it is intervened by the Copyright Protection Center of China.Therefore,the copyright owner should submit the version of work without technological measures or the necessary means to circumvent the technological measures to the Copyright Protection Center of China.If the copyright owner fails to perform the above two obligations as required,the technological measures in his work be found not to be in conformity with the copyright law and will not be protected,and end-users can circumvent thetechnological measures for the sake of personal non-infringing access and use.