Legal Research On Copyright Technical Measures Of Protection

The rapid development of digital technology and internet has brought great challenges to the copyright law. For a better control of works, copyright owners take efforts to protect their rights by using technological measures and pushing forward the copyright legislation to provide legal protection for them. The technological measures are the ways for the copyright owners or the owners related to the copy right, in order to protect and manage the copy right and the correlated right, to control the users not to duplicate, publish transmit and correct the copyright work via technological measures that are technological ways, equipments and products positively taken. It's a kind of"self-help"for the copyright owners to protect their own interest and control the issues. It generally divides into technical measures controlling contacting and controlling using the work. it cannot be directly defined as"the right of technological measure", also not "the neighboring rights" in the essence it is a technical method. Technological measures make up for disadvantages in protecting copyrights with legal methods; however, it encourages the more advanced deciphered technology and its devices. Thus, the copyright holder's interests of copyrights and the neighboring rights of them would be seriously threatened. WTPO and the leading countries reinforce the legislation on anti- circumvention of the technologically protective measures. Those anti-circumvention articles go too far in favor of copyright owners so that they erode fair use and do harm to the public interests in dissemination of culture.The value orientation of technology protective measures should be the means of self-help being worth of confirming, the core is to control the actions providing ways to circumvent the technological measures .The interest balance system between the copyright owners and the public should be constituted through re-defining the rule of fair use under the web circumstance, reasonably confining the technical measures and constructing the copyright royal system. The legislation suggestion of technological measures for our country copyright: First, reasonably determining the protecting condition of the technical measures and the sanction object. Next, perfecting the circumventing access-control measures focusing on the exceptional escaping the controlling visit technical measures; Finally, stipulating the legal liability to the copyright owners because of the improper result caused by owners'unreasonable and abusing technical measures .Generally speaking, both the protection of copyright owners'interest and the guarantee of the information circulation not to receive hinders should be considered, the public's reasonable using space should free from aggression, the right of approaching to knowledge should not be hinder.