版权与表达自由之协调

Coordination between Copyright and Free Expression

版权与表达自由之间存在内在的紧张,传统版权法在两者之间通过合理使用等制度进行了适当的协调,但在数字技术与网络环境下,新近纳入版权法的技术措施保护对表达自由产生了新的紧张关系,这需要重申利益平衡的版权法精神。

There exists an inner tension between copyright and free expression while the traditional law of copyright has made a concord between the two through reasonable usages and other mechanisms, in the new environment of digital technology and internet, because of the newly-invested copyright law about technology measure protection, there appears a new tension between these two, which needs a reaffirmation about the benefit balance of copyright law spirits.