Communications of the ACM - Digital rights management
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The widespread applications of the digital rights management (DRM) in China now are challenging its traditional fair use doctrine. This paper gives an analysis of the existing Chinese laws and regulations that could be applied to protect fair use from DRM, focusing on the Chinese Copyright Act (CCA), the Regulations on the Protection of the Right of Communication through the Information Network (RPRCIN), Chinese Contract Law Code (CCLC), Chinese Consumer Rights and Interests Protection Law (CCRIPL), Chinese Anti-unfair Competition Law (CACL), explaining their meaning and application, and emphasizing their limitations. Against this background, the paper seeks to explore the possible approach that China could adopt to protect fair use from DRM, highlighting the CCA should shift the anti-circumvention legislation paradigm and incorporate standard contract terms as well as other pro-consumer regulations.