Introduction to digital copyright

Question 1

Introduction to the digital copyright

Answer 1

• Extending economic rights of authors and owners of related rights to the
  digital media and the Internet
• Ensuring that works that exist in a digital form are protected much like works
  that exists in a physical form
• Adapting economic rights accordingly

And then, the legislation had to respond accordingly to these changes and challenges to make sure that digital work were as protected as the physical works. The 1996 WIPO Copyright Treaty (wct) deals with that, as well the Digital Millennium Copyright Act in the USA, and the Directive 2001/29 (InfoSoc) in Europe.

Question 2

What has changed from the 90s to the 00s in the copyright legislation in Europe?

Answer 2

• To copy the work (“reproduction right”) (BC, art. 9) in the 90s → WCT, art. 1(4) in the 00s (basically, WCT art. 1 applies fully the Berne Convention art. 9 and its exceptions in the digital envinronment); (Infringement takes place whenever the copy is permanent or temporary); (In the digital environment, reproduction is no longer a clear indicator of © infringement)
• To issue copies of the work to the public (“distribution right”) → WCT, art. 6 (* Subject to the rule of exhaustion (‘first sale doctrine’) * However, exhaustion does not apply to digital copies * From owning of copies to experiencing content).
• To perform, show, or play the work in public (“right of public performance”) (BC, art. 11) (the same in the 90s and in the 00s)
• To communicate the work to the public (“public communication right”) (BC, art. 11bis) → WCT, art. 8 (Broadcasting, like live internet streaming. And “making available” right, like downloading and on demand streaming [the public can access it from a place and at a time they would choose])
• To make translations, adaptations and other alterations the work (“right to make derivative work”) (BC, art. 12)
• To protect their works with technological protection measures and rights management information → WCT, art. 11, 12

Question 3

What are the Digital Rights Management (DMR) systems?

Answer 3

Digital Rights Management (DRM) are systems of automating the process of licensing works in the digital environment.
DRM systems include three kinds of tools:
✓ Identifiers (→ electronic systems recording information about the
indentity and use of the digital product)
✓ Meta-data (→ including e.g. the identity of the copyright owner and the
price for usage of the work)
✓Technological Protection Measures (TPMs) (→ electronic systems controlling access, copying, and compliance with the terms of license)

Question 4

Explain better the TPMs performances.

Answer 4

Copy prevention and control
✓ Serial Copying Management System (SCMS) for CDs
✓ Copy Generation Management System (CGMS) for DVDs
(allowing unlimited first generation copying from a “master” but disallowing second generation
copying)
✓ Systems disallowing any copies
✓ Systems allowing limited copies at lower quality (DVD-audio → CD-audio quality) relying on the
“International Standard Recording Code” (ISRC)

For example: Adobe, Microsoft Reader, digital libreries, Apple Fair play.

TPMs are protected under art. 11 and 12 of the WCT