burnett it legal services [email protected] march 2004 british computer society north london...
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Burnett IT Legal Services [email protected] March 2004
BRITISH COMPUTER SOCIETYNORTH LONDON BRANCH
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
Rachel BurnettBurnett IT Legal Services
March 2004
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
THEMES
• Legal tensions
• Copyright
• Rights for electronic copyright owners
• Protecting electronic works
• DRM & Law – changes & challenges
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
COPYRIGHT
• Nationally-based economic right
• Right to authorise or prohibit copying
• Owning, licensing and transferring
copyright
• Layers of copyright
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
RIGHTS FOR
ELECTRONIC COPYRIGHT OWNERS
• Reproduction of material
• Communication to the public
• Distribution
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
EXCEPTIONS TO RIGHTS FOR ELECTRONIC COPYRIGHT OWNERS
• Mandatory exception - Temporary and transient copying
• Optional exceptions – e.g. fair dealing
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
TECHNOLOGY RIGHTS FOR ELECTRONIC COPYRIGHT OWNERS
• Allow technological solutions for protecting copyright
• Prohibit devices which- circumvent copy control systems, or - remove or alter electronic rights-management
information
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
PROTECTING ELECTRONIC WORKS
• Licensing
• Technical barriers
• Shifting boundaries of infringement
Burnett IT Legal Services [email protected] March 2004
LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT
DRM & LAW –
CHANGES & CHALLENGES
• Changing concepts of originality
• Changing concepts of economic value
• Anonymity versus security