| With the popularization of the Internet, people can obtain all kinds of digital works through the computer easily, so a lot of cases of the piracy and the infringement arise like flood. Due to the Internet terminal users’dispersion and uncertainty, the copyright owners safeguard their legal rights and get compensation more and more difficultly. The traditional copyright law has been unable to protect the legitimate interests of the copyright owners. In this case, the copyright owners’self-help in digital times which is called the technical measures came into being.This paper intends to study the anti-circumvention system of the international treaty and other countries, and analyze the present situation and the insufficiency of China’s copyright law and the relevant legislation, and then put forward some suggestions for perfecting the legislation. This paper is divided into three parts. The first part introduces the basic theory of the technical measures which mainly defines the concepts of technical measures, circumvention and anti-circumvention system. The second part analyzes the present situation of the international legislation. Taking the international treaty, the DMCA and the EUCD as the object, this paper analyzes the main content of the technical measures of them. The third part analyzes of the legislative situation in China, pointing out the development and the progress and the shortcomings of our country’s legislation in recent years, and then puts forward the corresponding suggestions. |
