| With the continuous emergence of the problem of abuse of technical measures in practice,various scholars have called on China to establish a restriction system of technical measures corresponding to the protection system of copyright technical measures.Among them,clarifying the information disclosure obligations of the entities implementing technical measures has always been a hot topic.It is undeniable that the construction of an obligation mechanism for information disclosure of technological measures is an important part of preventing and restricting the abuse of technological measures,and is also an important basis for protecting the rights and interests of works users such as the right to know about consumption,which can effectively promote the realization of the balance of interests between the two parties to copyright transactions,maintain the good order of China’s copyright market,and promote the development and prosperity of China’s copyright industry.Technological measures are neutral and have a distinguishing significance from the implementation of technological measures.The entity implementing copyright technical measures is the undertaking entity of the obligation to disclose information on technical measures,and it is of defining significance to interpret the scope of the subject on the basis of existing laws.At the same time,the legitimacy of the subject’s act of taking technological measures is related to whether the purpose of the technological measures system to promote copyright protection can be realized as scheduled.Copyright technical measures information disclosure obligations,also known as technical measures labeling obligations.It originated from the Digital Consumer’s Right to Know Act submitted by the US Congressman in 2003,and then the French and German copyright laws have also made simple provisions on it,but they have not explored the specific construction and operation of the information disclosure obligation mechanism in depth.In contrast,China’s legislation on the disclosure obligation of copyright technical measures is missing.On the one hand,due to the lack of such legislation,problems such as undermining the fair competitive environment in the market,interfering with the independent choice of consumers of works,influencing the normal use of works by buyers and the public,threatening the personal information and network security of works users,and impacting the permanent access rights of works buyers have arisen in practice,which highlight the practical necessity of building a mechanism for information disclosure obligations of technical measures in China.On the other hand,from the perspective of economic development,copyright improvement,technological innovation and human rights protection,China’s construction of this obligation mechanism also has a reasonable basis.Combined with the corresponding legislative explorations already carried out by the United States,Germany and France outside the region,it is concluded that China’s legislation should be based on the implementation of the subject’s information disclosure obligation on the basis of clarifying technical measures,and carry out refined provisions around the basic content of the obligation.The following concepts are conceived for the specific construction of the information disclosure obligation mechanism for the entities implementing copyright technical measures in China: First,clarify the basic principles for the implementation of technical measures to disclose information,with a view to ensuring the effectiveness of information disclosure;Second,clarify the basic content of the information disclosure obligation from various aspects,such as the disclosure subject,the scope of disclosure,the method of disclosure,the period of disclosure,the responsibility for illegal disclosure,and the exception to disclosure,with a view to providing basic guidelines and compliance for the entity implementing the technical measures to specifically undertake the implementation of the obligation;Thirdly,supporting the establishment of a regulatory body for technical measures that can perform at least the functions of registration,supervision and evaluation of technical measures and has the nature of an independent administrative organ,with a view to ensuring the good operation of the information disclosure obligation mechanism. |
