Legal Regulation On Abuse Of Copyright Technical Protection Measures

In order to cope with the challenge of copyright protection brought by digital network era,copyright owners began to use technical protection measures for relief.However,the technical measures protection legislation is followed by the abuse of technical measures,copyright owners in order to maximize their own interests,at the cost of infringing public interests,affecting the interest balance mechanism of copyright law,resulting in serious consequences.In practice,the legal regulation on the abuse of technical protection measures is insufficient,so it is necessary to re-examine and further discuss this problem.This article is divided into four parts.The first part introduces three typical manifestations of the abuse of technical measures,showing the harm of the abuse of technical measures to prove the necessity of regulating the abuse of technical measures.The second part of this paper.Analyze the current situation and deficiency of the abuse of regulation technical protection measures.Due to the lack of legislation,the regulation of the abuse of technical protection measures has some problems,such as unclear identification standard,insufficient reasonable circumvent clauses and imperfect regulation system.The third chapter,through the analysis of foreign legislative experience,reaches the enlightenment to our country.The United States uses a regular evaluation mechanism to review and formulate exceptions to technical measures,the European Union uses a variety of methods to achieve the limitation of copyright technical measures,and Australia gives low level protection to technical measures.It is suggested that the protection and regulation of copyright technical measures should not only conform to national conditions,but also be adapted to the international protection level.The fourth chapter puts forward some suggestions to perfect the abuse of regulation and technical measures.First of all,it is necessary to define the criteria for the abuse of technical protection measures.Secondly,we should improve the reasonable circumvention clause for the abuse of technical protection measures.Finally,we should improve the regulation system of abuse behavior.The establishment of the regulation system is divided into two aspects.On the one hand,the copyright technical measures information disclosure and supervision mechanism should be established to prevent the abuse of copyright technical measures in the cradle by means of prior supervision.On the other hand,it is necessary to clarify the legal consequences of abuse of copyright technical measures.Through the above means,prevent copyright owners from abusing technical protection measures,and finally achieve the value goal of the interest balance of copyright law.