Research On The Restriction Of Copyright Technological Measure In The New Media Environment

With the development of information technology,new media constructed by wemedia,video platform,aggregate media and other media forms have gradually become the mainstream media and development trend of information transmission.In the new media environment,it is difficult for copyright owners to effectively control the reproduction and transmission of works by traditional means,and users can copy and spread works quickly and conveniently.If the copyright and proprietary rights are infringed in this process,it is difficult for the right holders to find and stop them in time,and it is difficult for legal intervention after the infringement to make up for the losses caused by infringement.In order to deal with the hidden infringement behavior in the new media carrier,copyright owners take technical measures for self-relief.As a kind of technical means,technical measures can fundamentally prevent the legitimate interests of the right holder from being infringed,and prevent the reproduction,dissemination and utilization of the works without permission.But with the development of technology,there are many problems in the use of technical measures:the holder of the abuse of technical measures violate the privacy of users,users to evade technical measures violate the interests of the obligee,technical measures and reasonable use conflict to cause imbalance between private interests and public interests,and the root cause of these problems lies in the technical measures of regulation to meet the requirements of legitimacy and rationality.Therefore,this paper carries out the research on the restriction of copyright technical measures under the new media environment,in order to improve the legal system of copyright technical measures.The thesis is divided into five chapters.The first chapter states the influence of new media on copyright technical measures,and draws out the problem of unclear legal boundary of copyright technical measures in the new media environment.The second chapter discusses the necessity of technical measures to restrict copyright from two aspects of theory and reality.In the theoretical perspective,citing Locke’s property theory,Gordon’s reliance interest and reference balance theory,it expounds the theoretical necessity of technical measures protection and restriction respectively.From the perspective of abuse of technical measures and the interest imbalance between subjects and institutions in the application of technical measures,this paper discusses the necessity of the limitation of technical measures.The third chapter is based on the relevant legal provisions and judicial status quo of copyright technical measures restrictions,discusses the main problems existing in the new media environment of copyright technical measures restrictions,analyzes the root cause of the problem lies in the legal standards of copyright technical measures are not clear,rationality requirements are not comprehensive.The fourth chapter enumerates,analyzes the legislative mode of the limitation of technical measures at home and abroad,draws on the experience of other countries,and puts forward some suggestions for our country.The fifth chapter gives an institutional response to the legal standards and rationality requirements of technical measures according to the above demonstration.In order to improve the system of technical measures under the new media environment,the author believes that,based on the legality standard of technical measures,we should re-examine the technical measures of copyright:to perfect the connotation of technical measures,distinguish to protect different types of technical measures,classify the behaviors of technical measures to avoid technical measures,and add legal regulation on the abuse of technical measures.In addition,based on the rationality requirements of technical measures,the interest balance mechanism is reconstructed,the technical measures are transformed from static restriction mode to dynamic protection mode,and the rights and obligations of the subject applying technical measures are added to regulate the subject behavior.Increasing the period of protection of technical measures to guarantee the free circulation of works entering the public domain;Expand the exceptions of circumvention of technical measures and reconcile the contradiction between technical measures and reasonable use.Through continuous improvement of the legislation on the technology of copyright,a more scientific and reasonable legal system of copyright is constructed to promote the development and innovation of the copyright industry in the new media environment.