As the measures that have emerged alongside social progress,fair use and technical measures play an important role in ad-vancing socialist culture and scientific endeavors.However,due to their distinct characteristics and differing underlying interests,technical measures have been naturally at odds with fair use since their birth.The improper application of technical measures and na-tional legislation have further intensified this conflict.Through the comparative research and case analysis,this study finds that ad-dressing these issues requires permitting direct circumvention of technical measures while generally prohibiting indirect circumvention,with specific exceptions outlined.Additionally,establishing supporting supervision and penalty mechanisms can curb the misuse of technical measures,expand the space for fair use,harmonize conflicts,and uphold a balanced system of interests.
关键词
合理使用/技术措施/利益平衡/著作权法
Key words
fair use/technical measures/balance of interests/copyright law
维普
万方数据