Research On Technical Protection Measures System Of Digital Copyright In China

In 2020,China decided to start the third revision of the Copyright Law,after which technological protection measures were included in the Copyright Law for the first time,which also reflects the increased importance attached to digital copyright technical measures in China.Technological measures refer to a prior preventive means used by copyright owners to prevent copyrighted works from being used without authorization,such as passwords,watermarks,and technical means such as prohibiting copying or printing.In order to protect the rights of copyright owners,rights holders began to set up the use of technical means in their works or web pages to prevent the illegal reproduction and dissemination of their works,which is why technical protection measures were necessary to be included in the protection of copyright law.Synthesizing the research on the digital copyright technology protection measures system at home and abroad,with the help of four different research methods,the relevant overview issues of digital copyright technology protection measures are sorted out,so as to provide a theoretical basis for the study of the system.By analyzing the current situation of the legislation on the technical protection measures of copyright in China and combining it with judicial practice cases,the shortcomings and problems of the system of technical protection measures of digital copyright in China are summarized and found.The main problems include the lack of systematic legal regulation,the lack of clarity in the norms governing the application of technological protection measures and the existence of conflicts between the application of technological protection measures and the rights of users of digital works.Based on the consideration and reflection of the existing problems,the relevant legislation,judicial experience and theories of the United States,the European Union and some other extra-territorial countries are combined to sum up the inspiration for China.It is further analyzed and studied based on the actual situation in China,and then put forward effective suggestions and improvement measures for improving the system of digital copyright technology protection measures in China.Specific suggestions for improvement are: First,establish relevant laws and regulations on systematic technical protection measures.Second,it is necessary to improve the provisions on the application of technological protection measures.Third,resolve the conflict between technological protection measures and the rights of users of digital works.Fourth,we must adhere to the principle of "balance of interests." Through research and improvement of China’s digital copyright technology protection measures system,to achieve a dynamic balance between digital copyright protection,social public interests and technological development,so as to promote the excellent development of China’s science and technology and copyright system.