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《世界知识产权组织版权公约》规定了成员国对技术措施进行适当的法律保护的义务。技术保护措施作为数字环境下版权人为控制作品的获取和使用所采取的技术手段,已经在世界范围内得到确认和保护。但是,技术措施对版权的例外和限制制度造成了前所未有的冲击,合理使用的范围被大大地缩小了。正因为此,美国千年数字版权法成了最有争议的立法,从诞生之初就受到了国内外的批评。合理使用在数字环境下到底前景如何?法律对技术措施还应采取什么“措施”?本文以美国法为重点,考察合理使用制度和技术措施保护两者之间的张力,对我国如何建立公正、平衡的技术措施保护制度提出一些建议。
The WIPO Copyright Convention sets out the obligations of member states to provide appropriate legal protection for technical measures. As a technical means adopted by the copyright owner in the digital environment for controlling the access to and use of works, technical protection measures have been recognized and protected worldwide. However, the technical measures have had an unprecedented impact on the exceptions and limitations of copyright, and the scope of fair use has been greatly reduced. Because of this, the United States Millennium Digital Copyright Law has become the most controversial legislation, from the very beginning of its birth has been criticized at home and abroad. What is the foreseeable future of the rational use of the digital environment? What should the law take for the technical measure? "This article focuses on the American law, examines the rational use of systems and technical measures to protect the tension between the two, how to establish Fair and balanced technical measures to protect the system put forward some suggestions.