Research On Technological Protection Measures System Of Copyright In China

In the era of Internet copyright,technical protection measures of copyright are a series of technical prevention measures imposed by copyright owners and relevant right holders to prevent or limit others’ unauthorized use of their works,performances and other protected copyright objects,It is a private remedy rather than a new right created by law,It has the characteristics of subject specificity,object effectiveness and purpose legitimacy,etc.The international community usually divides it into two categories based on the consideration of function level: copyright protection measures and contact control measures.The rationality of the technical protection measures of copyright lies in its ability to protect the legitimate interests of the copyright owners and relevant right holders,to stimulate the subsequent creation,and to correct the externality of the works;In order to respect the conflict between freedom of expression and freedom of creation,coordinate the conflict with the fair use system,first-sale doctrine,and the protection of personal privacy,The copyright law has the legitimacy to regulate the technological protection measures.Technological protection measures system of copyright in China from the macro level,the system design is not sophisticated enough,the distribution of legislation is too scattered,the system is not very systematic;From the micro level,the relevant provisions are too principled and simplistic,with the following three main problems: Firstly,the definition of the basic connotation of technical protection measures is not clear enough;Secondly,the obligations and responsibilities of the implementor of technical protection measures are lacking;Thirdly,the limitation and exception of technical protection measures are insufficient.By comparing and analyzing the relevant systems of international regions,organizations and representative countries,there are three implications: Firstly,the basic connotation of technical protection measures should be clearly defined.Secondly,appropriately reduce the legal protection level of technology protection measures;Thirdly,the limitation and exception of technological protection measures should beset flexibly.In order to further improve the technological protection measures system of copyright in China,on the basis of establishing the principle of interest balance,the principle of prohibiting the abuse of rights and the principle of technology neutrality as the legislative principles,the following three Suggestions are put forward: Firstly,the basic connotation of technical protection measures should be clearly defined;Secondly,the obligations and responsibilities of the implementer of technical protection measures should be added;Thirdly,perfect the restriction and exception of technical protection measures.