The Comparative Study On Copyright Technology Measures Protection Between The China And The Japan

The rapid development of digital technology and the Internet has changed the traditional way of life of human beings.While new technologies bring convenience to people,but also bring challenges to the human legal system.The impact on the copyright system is especially obvious.The rapid development of technology and network allows copyright owners to spread a wider range of works,improve the utilization of works,and bring certain benefits to copyright owners,but on the other hand,technology updates are too fast,and the law cannot be timely to improve,and ultimately lead to frequent violations.Faced with the huge user base of the network,the cost of copyright protection is high,which damages the interests of copyright owners.In order to stop the growing infringement,copyright owners began to use some technical measures to protect their works.After technical measures have been widely used as private remedies for copyright owners,the infringement has been controlled to a certain extent.However,with the continuous development and innovation of technology,the technical means used by copyright owners have been constantly circumvented.The infringers use various means or tools to crack technical measures in order to achieve their own appreciation,research and reproduction,entertainment and other purposes.Therefore,the interests of copyright owners are seriously threatened.When technical measures,as a private remedy,can no longer safeguard the legitimate interests of copyright owners,copyright owners hope to adopt legislation to protect such technical measures and stop the evasion of technical measures.China has also noticed this problem when amending the Copyright Law,and has stipulated technical measures in several amendments to the Copyright Law.However,although there are some legislative provisions on technical measures,some problems are relatively unclear.Should we not classify technical measures,whether the scope of exceptions to domestic technical measures is too small,and the relationship between technical measures and rational use.Through the research methods of comparison and combination of theory and practice,this paper hopes to draw lessons from Japan's mature legislative experience from advanced legislative models,and give legislative suggestions suitable for China's national conditions.This paper consists of five parts.In the first chapter,this paper mainly writes the research background,purpose and significance,and the research literature review,and summarizes the definition of technical measures and the sources of technical measures.The second part compares the classified protection of technical measures between China and Japan.Firstly,it summarizes the classified protection of technical measures between China and Japan,then compares the provisions of the two countries,points out the advantages and disadvantages of the legislation of the two countries,and hopes to give reasonable suggestions through comparison.The third part compares the evasion responsibility of technical measures between China and Japan.Firstly,it summarizes the differences of the regulations of evasion responsibility of technical measures between China and Japan,and then makes a comparative analysis of the differences of evasion responsibility of technical measures between China and Japan.The fourth part is the comparison of the restrictions and exceptions on the rights of technical measures between China and Japan.This part is an overview of the restrictions on the rights of technical measures between China and Japan.It first compares the legislative modes of the restrictions on the rights of technical measures between the two countries,and then analyses the advantages and disadvantages of the two legislative modes.The fifth part is to evaluate and improve the legislative protection of technical measures in our country.Firstly,it introduces the legislative characteristics of technical measures in the Copyright Revision Draft(submitted for review).Then it points out the deficiencies of the legislation of technical measures in our country through the comparative analysis of the preceding parts.Finally,it gives some suggestions to improve the legislation of our country.