Legal Study of Technological Protection Measures
Date Issued
2008
Date
2008
Author(s)
Hsiao, Yi-Hon
Abstract
In 1996, WIPO delegates form 160 countries negotiated and concluded two treaties, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). The question whether to afford legal protection to Technical Protection Measures (TPMs) was one of the items considered. The consensus was ultimately reflected in Article 11 of the WCT and Article 18 of the WPPT. Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures.n 1998, President Bill Clinton signed the US Digital Millennium Copyright Act (DMCA) into law. DMCA effectively created an additional exclusive right for content providers and authors: controlling access to a work. Anti-circumvention rule dramatically tilted the scale of balance between authors’ interests and consumers’ interests so strongly in favor of the authors.his thesis takes a brief look though WIPO Treaties implementation survey and other related documents to examine the legal framework surrounding TPMs in the United States, Canada, European Union, Germany, French, Japan, China, Australia, and Taiwan. The thesis also considers Taiwan Copyright Act (including Directions Defining the Content of the Subparagraphs of Paragraph 3 of Article 80-2 of the Copyright Act in 2006), and makes some recommendations about these laws.
Subjects
Technical Protection Measures
Digital Rights Management
Anti-Circumvention Provisions
DMCA
Copyright Act
SDGs
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