To Discuss The Coordination Of Copyright Protection Technology Measures And Reasonable Use

Digital network technology is a double-edged sword,which has caused the widespread dissemination of copyright objects such as works,performances,audio and video products,computer software and so on.Technical measures to cope with this situation,and has been widely used of the copyright owner anti-circumvention technological measures legislation at the same time,makes the traditional copyright law reasonable use a space squeezed,the pursuit of "balance" of the copyright law.Retrieval according to the existing research results of this problem,the author thinks that the ban is controversial which the circumvention of technical measures of copyright,technical measures and the current anti-circumvention legislation exception to narrow,and the reasonable use system relationship unclear,such as do not coordination will make reasonable use system greatly to decoration,which run counter to the balance of the spirit of copyright law.Therefore,this article through to the comprehensive technical measures and the rational use of legislation and practice,with the technical measures for the rational use of foreign legislation practice and applicable rules of the system,analyze the existing academic point of view,on the lack of existing research achievements to think and put forward their views and Suggestions,that copyright law is prohibited to avoid contact control technical measures and provide the circumvention of means,and shall formulate guiding principles of fair use defense.It is possible to construct the copyright management organization and the right management system of legal and technical cooperation to safeguard the reasonable use behavior of users under the protection of technical measures.It is hoped that the research on the technical measures of copyright protection and the rational use of coordination problems will be deepened.In this paper,the first chapter,through the analysis of the effect of technical measures of copyright protection for copyright protection,affirmed the technical measures of copyright protection in the digital network environment protection for copyright is indispensable.But the technology is also double-edged sword,protection also has negative influence at the same time,caused serious erosion to the reasonable use of space.To analyze the legislation experience in the international community,discuss the current situation of copyright protection technology and rational use system,and bring out the contradiction between them.In the second chapter,the author further analyzes the conflict between the technical measures of copyright protection and the rational use system,so as to face up to the problems and seek for coordinated measures.This part is analyzed from three aspects,including the value goal,the rule design,the implementation effect conflict.Think value goal conflict led to the rules of the design and implementation effect of conflict,the rules of the design and implementation effect of the conflict is an important starting point,to solve the two conflicts should start from the rules of design,and considering the effect caused by the realistic problem.The third chapter discusses the focal point of the coordination.It is proposed that the balance of interests should be adjusted in accordance with the actual situation and the balance of value.According to the analysis,the following basic principles should be followed: the implementation of technical measures should not hinder the reasonable use;The boundary between the interests of the copyright owner and the public interest in the network environment should be delimited.Determine the reasonable use of conditions under the network environment.On the coordination of specific measures,technical measures from itself and the reasonable use system itself,and in accordance with copyright law to the appropriate adjustments,and technical measures of copyright legislation in the current developed countries from experience,set up a third-party mechanism of coordinating measures are put forward.In the fourth chapter,the author puts forward some measures for the protection of copyright and the reasonable use of copyright protection."Copyright law" for the third time modify SongShenGao is our country to cope with the impact of the digital network environment efforts,but also has a lot of problems,need further clarify technical measure to control contact works shall be forbidden to evade and provide the circumvention of means,clear the principle of reasonable use theory as a defence.At the same time,it puts forward the right protection system to construct copyright protection technology and reasonable use.The successful implementation of this system requires the joint efforts of the copyright collective management organization and the copyright management system to achieve the desired effect.