The Conflict Between Technological Measures Of Copyright And Copyright Fair Use

Technological measures of copyright are the technologies that are used to copyright works by copyright holders in the technological age, in response to the violations of copyright. They can prevent anybody from contacting or using the works without permission. They are a kind of self-help approach by technologies. The "WIPO Copyright Treaty" and the "WIPO Performances and Phonograms Treaty", which were adopted by WIPO in 1996, clearly define that the parties have the obligations to provide protection。It is not clear about the scope of the protection for technology measures in our Copyright Law. On the base of considering the specialties of technology measures and the principle that balances exists between the individual rights and social interests, the author comes to such a conclusion that invasive technology measures and harmful technology measures and the actions of producing,selling and the importing devices that can avoid technology measures should be stopped or restricted. In the digital age, the rights of copyright owners are threatened, for digital works can be easily and highly quality copied. Network distribution arises more and more copyright infringement. Technological measures are now widely used to protect copyrighted works by copyright owners and Internet Service Provider (ISP).