Delineating the Scope of Protection for Technological Protection Measures in an Equitable Way: Approaches of US & EU - A Frame of Reference for China's Legislation
Wenqi Liu, Zheng Gu · 2013
Technological protection measures (TPMs) widely used by content holders to control the access and the use of their content in the digital environment have been recognized by several important international treaties and the national laws of their member states. Due to the absence of a uniform definition of the scope of protection for TPMs, different implementation regimes have evolved. The approaches by the US and EU indicate the importance of striking a balance between the interests of copyright holders and that of the public and consumers in designing the implementation regime. It is sensible to develop an equitable system to achieve the comprehensive objectives of protecting copyright, increasing consumer welfare, promoting information dissemination, and encouraging fair competition. The experience of the US and EU is also a frame of reference for China’s legislation.