Study On The Exception Regime Of Technical Protection Measures In EU

Nowadays,technical measures protect the interests of the right holders while also compressing the fair use by the public.Right holders can also easily use technology measures to circle their "technology kingdom".There is a suspicion of para copyright.Therefore,in order to prevent the right holders from the para copyright,and it is necessary to provide for an exception regime of technical measures.Countries around the world are trying to improve the exception system for technical measures,and the EU system is called "revolutionary regulations."The European Union stipulates that when the beneficiaries can't avoid technical measures to achieve their fair use,the right holders should make the voluntary measures with the beneficiaries,otherwise member states should take appropriate measures to ensure the beneficiaries to achieve their fair use.On the one hand,the European Union attempts to achieve the beneficiaries' fair use by the voluntary measures between the beneficiaries and the right holders,otherwise member states can take appropriate measures.However,This mechanism has lots of limitations: the scope of exceptions is too narrow,private copy exceptions are not comprehensive,and voluntary measures are lack of specific rules.On the other hand: the member states with different copyright interests have different implementations of the directive,including: wait-and-see mode,mediation litigation or arbitration model,direct injunction or fine model,first mediation or arbitration litigation model,and different models have their own advantages and disadvantages.By analyzing the EU directive and the implementation of member states,our country can improve the exceptions regime of technical measures in four ways: differentiate the types of prohibition and circumvention of technical measures,stipulate the obligation of the right holders to disclose information and the obligation to deposit circumvention measures,and establish negotiations between the right holders and the beneficiaries,take appropriate measures at the last.