The 2023 Copyright Law stipulates which situations can avoid technical measures

There are: state agencies performing official duties in accordance with administrative, supervisory, and judicial procedures; testing the security performance of computers and their systems or networks, etc., can avoid technical measures, but they are not allowed to provide others with technology to avoid technical measures, and they are not allowed to infringe rights of others. Regarding the question of what situations stipulated in the Copyright Law can avoid technical measures, the editor of Legal Savior Network will give you a detailed answer below.

1. Copyright Law stipulates which situations can avoid technical measures

1 , technical measures can be circumvented in the following circumstances, but technology, devices or components to circumvent technical measures shall not be provided to others, and other rights enjoyed by the right holder in accordance with the law shall not be infringed:

(1) Providing a small amount of published works for school classroom teaching or scientific research for use by teaching or scientific researchers, but the works cannot be obtained through normal channels;

(2) Not for profit, provide published works to people with dyslexia in an accessible manner that they can perceive, and the works cannot be obtained through normal channels;

(3) State agencies perform official duties in accordance with administrative, supervisory and judicial procedures;

(4) Security of computers, their systems or networks Performance testing;

(5) Conduct encryption research or computer software reverse engineering research.

2. Legal basis: "Copyright Law of the People's Republic of China"

Article 50 Technical measures can be circumvented in the following circumstances, but technology, devices or components that circumvent technical measures must not be provided to others, and other rights enjoyed by the right holder in accordance with the law must not be infringed:

(1) Provide a small amount of published works for school classroom teaching or scientific research for use by teaching or scientific researchers, but the works cannot be obtained through normal channels;

(2) Not for profit, and provide published works to people with dyslexia in an accessible manner that they can perceive, and the works cannot be obtained through normal channels;

(3) State agencies perform official duties in accordance with administrative, supervisory and judicial procedures;

(4) Computer and Test the security performance of its system or network;

(5) Conduct encryption research or computer software reverse engineering research.

The provisions of the preceding paragraph shall apply to restrictions on rights related to copyright.

2. Calculation standards for damages for copyright infringement

In case of copyright infringement, the infringer shall bear the losses suffered by the copyright owner, and the compensation shall be calculated according to the following standards:

1. The amount of compensation shall be calculated based on the actual loss of the right holder;

2. If the actual loss of the right holder is difficult to calculate, the amount of compensation may be calculated based on the actual loss of the infringer. Compensation shall be provided for the illegal gains;

3. If the actual losses of the copyright owner or the illegal gains of the infringer cannot be determined, the people's court shall make a judgment based on the circumstances of the infringement. Compensation of less than 500,000 yuan shall be granted;

4. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement.

According to the provisions of the "Copyright Law", there are: state agencies perform official duties in accordance with administrative, supervisory, and judicial procedures; conduct inspections on the security performance of computers and their systems or networks In the case of testing, etc., technical measures can be avoided, but technology to avoid technical measures must not be provided to others, and the rights of others must not be infringed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.