Open AccessEFFECTIVENESS AS THE MAIN CRITERION FOR TECHNICAL MEANS OF COPYRIGHT PROTECTION UNDER GERMAN LAW
Author(s) -
А. Н. Кирсанов,
Алексей Анатольевич Попович
Publication year - 2021
Publication title -
pravo i upravlenie. xxi vek
Language(s) - English
Resource type - Journals
eISSN - 2587-5736
pISSN - 2073-8420
DOI - 10.24833/2073-8420-2021-1-58-35-42
Subject(s) - legislator , german , context (archaeology) , technical standard , law , intellectual property , computer science , law and economics , legislation , political science , sociology , paleontology , archaeology , biology , history
. The article provides an overview of the legal regulation of copyright protection using technical means of protection. German law states that technical means of copyright protection are technologies, devices, and their components. Such technical means are created to prevent or impede illegal actions of users that are not authorized by the copyright holder in relation to the results of intellectual activity. At the same time the legislator pays special attention to the fact that the distinguishing criterion of a technical means of protection against other methods of protection is effectiveness. In the article the authors analyze the legal consolidation of the specified criterion as a distinctive feature of technical means of copyright protection, and also consider the concept and cases of bypassing technical means of protection provided for by German law. Materials and methods. The methodological basis of the research is formed by the following general scientific and special methods of cognition of legal phenomena and processes in the field of intellectual law: the method of system-structural analysis; method of synthesis of social and legal phenomena; comparative legal method; formal logical method. Results. As a result of the analysis it was revealed that according to German law the distinguishing feature of technical means of copyright protection from other methods of protection is the criterion of effectiveness. A technical protection device is recognized by the German legislator as effective if the technical protection device cannot be bypassed without the consent of the copyright holder. In the context of the effectiveness of a technical means of protection, German legislation broadly defines the concept of circumvention of technical means. German copyright law, unlike other foreign jurisdictions, contains provisions prohibiting the removal of a technical remedy.Discussions and Conclusions. The main criteria for technical means of copyright protection under German law have been studied, the fundamental of which is the criterion of the effectiveness of a technical means. Cases of circumvention of technical means of copyright protection provided for by German law have been identified. The legal regulation of the ban on the removal of technical means of protection has been explored.