Research On Chinese Copyright Technological Protection Measures System

Our country is paying more and more attention to the construction of intellectual property,the public awareness of intellectual property protection will only become stronger,and the era of knowledge payment has begun.Responding to the changes of the digital age,copyright owners who take TPMs protect their exclusive rights and prevent unauthorized private copying and dissemination.TPMs are one of the effective tools for copyright owners’ private remedies.Technology itself is neutral,and it can play a role in protecting the legitimate rights and interests of copyright owners.At the same time,the wide application of TPMs will hinder the fair use of the relevant public.To meet the basic cultural needs of the people,we must not allow insufficient social and cultural accumulation,lead to cultural gaps,and hinder social innovation,thus restricting TPMs is also required.Copyright Law establishes TPMs that are protected and that set up restrictive clauses.It is a huge progress but there is also space for further improvement.It is necessary to further clarify the conditions under which technological measures are protected by the Copyright Law,reduce the intensity of protection,and set certain obligations for the right holders who implement technological measures.The first part is an overview of TPMs for copyright.Generally,according to different functions TPMs are divided into access control technological measures and copyright protection technological measures.In terms of whether to obtain legal protection,this thesis justify the protection from the perspectives of jurisprudence,legal economics and sociology of law.At the same time,when the weight of power is placed on copyright owners,and private rights are guaranteed but it shouldn’t be expanded.From the perspective of cultural dissemination and innovation and balancing public interests,it is proved that the protection of TPMs must be restricted.The second part mainly analyzes the establishment and application of copyright TPMs.By sorting out the draft amendments to the copyright law in my country,the protection of technological measures by relevant copyright laws is constantly improving,and exception clauses for TPMs are set up from scratch according to the actual situation,and the penalties for sabotaging TPMs are being strengthened.In the process of sorting out,the protection of TPMs is strong,and whether the behavior of circumventing TPMs is an infringement or an illegal behavior,it is reasonable for the current law to stipulate it as an infringement from the perspective of practicality.The third part is that there are still problems with the TPMs stipulated in the current copyright law.Even if the current law stipulates the concept of TPMs,it is a very broad concept.In order to obtain the protection of copyright law,more clear and unambiguous restrictions are needed Because the conditions under which TPMs are protected are unclear,the abuse of TPMs often occurs,and it is used for unfair competition,threatening the information security of users,and squeezing the space for rational use.Although there are five exceptions to TPMs,it is not yet sufficient to meet the actual needs.The fourth part puts forward some suggestions to improve the problems in our country.Further clarify the conditions for TPMs to be protected by copyright law.Copyrighter has the right to use TPMs.Copyright law should appropriately increase the obligations of users of technological measures TPMs,including identification obligations and information security compliance obligations.In view of the five exception clauses prohibiting circumvention of TPMs stipulated in the current law,supplementary opinions are put forward.General teaching,scientific research personnel and persons with dyslexia do not have the means and ability to circumvent TPMs,and the conditions for such subjects to circumvent TPMs should be appropriately relaxed.A "claim-provide" mechanism can be adopted,which can provide qualified subjects with conditions for evading TPMs.Institutions that use digital works to provide public services,non-profit libraries and archives,should be set as exceptions.At the same time,explore the general exception clauses for TPMs,and provide the thinking direction of general clauses with universal applicability.