drm and future of the libraries ahead

04/08/2304/08/23 03:4103:41 Dr. Sabuj Kumar ChaudhuriDr. Sabuj Kumar Chaudhuri 11

DRM and Future of the DRM and Future of the Libraries AheadLibraries Ahead

Dr. Sabuj Kumar ChaudhuriDr. Sabuj Kumar ChaudhuriLibrarianLibrarian

Basanti Devi College (Govt. sponsored)Basanti Devi College (Govt. sponsored)147B, Rash Behari Avenue147B, Rash Behari Avenue

Kolkata-700 029Kolkata-700 [email protected][email protected]


Definition of Related Definition of Related ConceptsConcepts

• Intellectual property (IP) is any ‘intellectual’ material or ‘works of the mind’ belonging to the original creator.

• Intellectual Property Rights (IPR) are the rights awarded by society to individuals or organizations principally over creative works: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.


IPR

Industrial Property

Artistic & Literary Rights

PatentIndustrial Designs

Trademarks

Copyright


Copyright Copyright is a right given by the law to creators of literary,

dramatic, musical and artistic works and producers of

cinematograph films and sound recordings.

Three conditions must be met before copyright protection:

•The work must be original.

•The work must be fixed, or presented in a tangible form such

as writing, film, or photography.

•A qualified person must create the work. A qualified person

is one living in a country that is a member of the Universal

Copyright Convention (UCC) or the Berne Convention.


Duration of Copyrightcopyright protection lasts for a finite period, or term. This term

varies according to national legislation and the type of material.

According to the Indian Copyright Act,1957

Original literary, dramatic, musical and artistic works ----

Author’s Life + 60 Yrs.

Cinematograph films, sound recordings, photographs,

posthumous publications, anonymous and pseudonymous

publications, works of government and works of

international organisations, --- 60-years period from the date

of publication.


Need of Copyright

Copyright is concerned with the rights of authors, composers, artists and other

creators in their works. Copyright grants them the right, for a limited period of

time, to authorise or prohibit certain uses of their works by others. These rights

encompass basically two aspects

– economic

The main aim of copyright is to provide a stimulus for creativity – ensuring

economic returns on the creation and protection from violation of the creation.

– moral

Moral rights generally cover the right of “paternity” by which authors

have the right to claim authorship of their works, ensuring that their names are

mentioned in connection with them.


Copyright is in essence a bundle of rights covering the following:

Rights for reproduction, i.e. exclusive rights to make copies of the work.

Rights for modification/adaptation, i.e. exclusive rights to modify and make adaptations and create derivative works.

Rights for distribution, i.e. the rights distribute the work to the public.

Rights for public performance, i.e. the right to recite, play, dance, or act with or without the aid of a machine.

Rights for public display, i.e. the right to display the work anywhere that is open to the public


Some Major Concerns for Librarians

Section 52 of the Indian Copyright Act 1957 indicates provisions what are not legally infringement Fair use of the work are permitted for

• Research

• Non-commercial Private study

• Criticism, review, reporting of current events in newspapers/ periodicals/

broadcasting

• Classroom teaching or examination purpose

• reproduction for use of public libraries (not more than 3 copies)

• Reproduction of an unpublished work kept in a library subject to certain conditions

• Publication in a collection for the use of educational institutions in certain

circumstances

• In the case of computer programmes

----utilize the computer programme for the purpose for which it was supplied

----to make back up copies purely as temporary protection against loss, destruction or

damage


Copyright Industries/Cultural Industries/Content IndustriesIn simplistic term copyright industries include all those activities which directly or indirectly depend on copyrighted materials for their commercial success. But the range of activities that come under the subject of copyright is so wide that the task of defining the copyright industry becomes difficult.

Core Copyright Industries( include newspapers, books and periodicals, motion pictures, recorded music, music publishing, radio and television broadcasting, and business and en tertainment software)Partial Copyright Industries (include from fabric to jewelry to furniture to toys and games. )Distribution Copyright Industries (non-dedicated support industries, includes industries that distribute both copyright and non-copy right protected materials to business and consumers include transportation services, telecommunications and wholesale and retail trade )Copyright Related Industries (include manufac turers, wholesalers and retailers of CD players, TV sets, VCRs, personal computers and usage depen dent products including blank recording material and certain categories of paper )


Digital PiracyPiracy of copyrighted materials and demand for a stronger intellectual property rights is not a new phenomenon. But digitization has made the piracy much easierEasy reproductionVery less cost of reproductionEasier substitutability of digitized copiesInexpensive dissemination of digital content

The most important aspect of digital content is that access to the content is synonymous with control of the content which added with the low cost of content reproduction and dissemination causes virtual loss of ownership in terms of the content’s economic value. This is a major problem for the content owners and content industries.In 2006, Copyright office in India posted proposals to amend the Copyright Act, 1957 on its website. One of the proposed amendments seeks to introduce the Digital Rights Management (DRM) in the Indian copyright law. The purpose for such introduction in the Indian copyright laws has been to “keep pace with national and international developments and advance in technologies.


With advent of ICT we are moving towards thick copyright Where content

industries are adopting copyright management technology measures for

the protection of intellectual property of digital works-like ebooks,

ejournals, databases, computer programs,movies,music etc. This is

referred to as Digital Rights Management, or DRM.

What is DRM ?Digital Rights Management is a collective name for technologies or a

range of techniques that prevent one from using a copyrighted digital

work beyond the degree to which the copyright owner (or a publisher

who may not actually hold a copyright) wishes to allow one to use it . It is

actually a range of techniques that use information about rights and

rightsholders to manage copyright material and the terms and conditions

on which it is made available to users.


DRM

Management of digital rights

Digital management of rights

Management of Digital Rights: The responsibility of expressing and

managing the rights to content in electronic or digital form, as a corollary to

content in print.

Digital management of rights: The ability to physically manage intellectual

property and proprietary rights in content by way of an electronic system or

process, associated with copyright management systems.


DRM may therefore refer to the technologies and/or processes that are

applied to digital content to describe and identify it and /or to define, apply

and enforce usage rules in a secure manner.

The Open eBook Forum, a leading ebook standards organization, suggests

that DRM should be viewed from three perspectives: technical, social and

legal.

Legal

Social

Technical


Benefits of DRM

• Secure ebook distribution

• Content authenticity

• Transaction non-repudiation

• Market participant identification

• Protection of digital content

Components of DRM

the content provider

the distributor,

the clearinghouse

the consumer.

Usually a DRM system is integrated with an e-commerce system that

handles financial payments and triggers the function of the clearinghouse.


Various Components of DRM

Content Provider DistributorConsumer

Clearing House

Royalty


DRM Technology

DRM systems are based on systematic identification and recording of

information about the legal rightsholders (copyright owners) and about the legal

rights associated with the content. Every DRM system requires persistent

content protection, meaning that protection has to stay with the content. In

order to manage and protect intellectual property, it is essential to have

adequate identification and description pertaining to content available (i.e.,

metadata). One such persistent identifier is Digital Object Identifier (DOI). This

is often managed through the use of metadata and Rights Management

Information (RMI) or Digital Object Identifiers (DOI). The DOI system is

comparable to the bar code system adopted to identify items in the physical

world. Each bit or byte of content – the digital object – is allocated a number

through a registration agency and metadata describing the digital object is

recorded.


Security Features and Copyright ProtectionThere are numerous techniques that can be used to reduce the likelihood of infringement of Intellectual Property through the application of DRM systems. While no technological system is 100 per cent secure, DRM can provide relatively high levels of protection for copyright materials. The most common protection techniques are encryption and digital watermarking.

EncryptionThis scrambles the information embedded within a digital object so that it cannot be used without a password. Software is often protected this way.

The basic approach for encryption is to encrypt the digital content so that onlya player with both the decryption device or software and the proper key canplay the content. The content owner can broadcast the content to everyonebut unless the recipient has valid decryption keys he or she cannot play thecontent. Scrambling is a similar copy-protection approach, but without a user applied key; instead, the key that includes the unscrambling algorithm residesin the player device (which may be hardware, or software, or both).


Digital watermarking and signatures

This embeds information (usually about author, publisher, terms, and conditions of use) into the data. It can be removed but only with severe degradation to the quality of the data. If it is effective, the watermark will be identifiable even if the quality of the data deteriorates. Watermarks can be visible or invisible. Watermarks can be used to personalise a particular instance of a work to a user to reduce the likelihood of that person passing it on or duplicating it. Some watermarks can be searched for over the Internet using special ‘spiders’ or web crawlers.

At least two applications of digital watermarking technology relate to DRM.The first is content labeling, in which the content owner aims to identifyprotected material and specify permissible uses and copying restrictions. Thesecond is serialization, which aims to mark material with a unique serialnumber or message that identifies the authorized end user and therebyprovides evidence of the source of illegal copying.


Softwares of DRMDeployment of DRM is still at an early stage. There are a number of DRM

solutions on the market. Among these solutions, Microsoft’s Windows Media

Rights Manager (WMRM), IBM’s Electronic Media Management System

(EMMS), InterTrust’s Rights|System, and RealNetworks’s RealSystems Media

Commerce Suite (RMCS) are the most promising ones .

Standards The usability problem in current DRM implementations is caused by the

deployment of non-standardized protection mechanisms. Several organizations

and initiatives are working towards the definition of standards, such as the

Open Digital Rights Language Initiative, World Wide Consortium, Open eBook

Forum, Secure Digital Music Initiative, Internet Digital Rights Management, etc.


Possible Impacts on LibrariesThe principal policy issues for libraries are not derived from DRM technology, itself, but from the business models, the content industry chooses to enforce.

(1) Copyright terms. DRM may be used to prevent copying of works beyondthe terms of their copyrights, or may be used to impose copy protection forworks otherwise in the public domain, or works that have been licensed forless restricted general uses.(2) Preservation and archiving. DRM may be used to limit librarians.ability to preserve or archive a work, e.g., by preventing a work from beingmoved from more perishable to more permanent storage media.(3) Artistic creation. It has long been understood that the creation of newartistic works may require the excerpting or transformation of older ones;DRM may be used in ways that prevent such excerpting or transformationfrom happening.(4) Historiography. Historical research fundamentally depends on being ableto access and quote older documents and other kinds of works -- DRM can beimplemented in ways that make historiography far more difficult, if notimpossible, in many contexts.


(5) Fair use. The ability of anyone to make unlicensed use of the protected works of others -- within limits established by law and precedent -- can be curtailed by broad implementation of DRM.

(6) The use of shared materials in learning environments. DRM may makeit more difficult, or even impossible, for works to be used inotherwise lawful ways in both real classrooms and virtual ones(e.g., distance learning).

This is not an exhaustive list of the ways in which the use of DRM maycreate tensions undercutting the balance of rights created by copyright law.These tensions are fundamental and unavoidable ones, although not everyone acknowledges this. What makes them unavoidable is that DRM tends to be precise and immutable, while our copyright law policy tends to be general and dynamic. What makes them fundamental is that democratic societies need libraries and librarians to support and promote public access to the broadest range of creative and scholarly work. In practice, this means that, forthe foreseeable future, there will be ongoing tensions between libraries (and librarians), on the one hand, and DRM-using publishers and rights-holders,on the other.


Librarians, and citizens at large, should care about DRM because they

have much at stake both in the balances built into our copyright law, and in

the technologies, such as personal computers and the Internet, that might

be restricted or controlled in order to protect copyright interests. The

choices our society makes now about how we may use copyrighted works

and about the technological protections for such works will affect us for a

long time to come. This is why, as we work through our understanding of

DRM, we need to make sure we understand the traditions and principles of

copyright as well.

drm and future of the libraries ahead

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