From technical protection measures to creative commons
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Digital disposition of a work: from technical protection measures to Creative Commons 4th International Conference on Information Law
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4th International Conference on Information Law
Transcript of From technical protection measures to creative commons
Digital disposition of a work: from technical protection measures to Creative Commons
4th International Conference on Information Law
Law neutrality over
technology
Digitalized creations
Flexibl
e rules
online
?
TECHNICAL PROTECTION MEASURES
“…the answer to the machine is the machine…”
Charles Clark
Technical protection measures are nothing more than the “lost morality” of the user
TYPOLOGY
classification according to the function of each TPM
a) Controlled access
Region coding
b) Controlled uses
c) identification measures
ARE THEY LEGAL?
•WIPO Copyright Treaty•WIPO Performances and Phonograms Treaty
•Directive 2001/29/EC•Digital Millennium Copyright Act
EFFECTIVEInfallibility is not a criterion of effectiveness
Test of Helsinki District Court
CONTROVERSIAL ISSUES
Mulholland drive
case
Not a marketing option
Exceptions introduced in copyright laws
“Jailbreaking”
REGION CODING
Is the copyright industry getting in its own way?
TPM
INTERNETCOPYRIGHT
SECURITYREMUNERATION
authors
“..to stimulate another practice of copyright in order to provide a different image than that of a system which restrains creation and access to works”
Article 4a) of the licenses: “When you distribute or publicly perform the work you may not impose any
effective technological
measures on the work that restrict the ability of a recipient of the work
from you to exercise the rights granted to that recipient under the
terms of the License”
SO
Encryption or access limitation is
accepted by the CC licenses as long as their
implementation does not prevent the recipient form
exercising any right granted by
the licenses
Parallel distribution
METADATA
European Copyright Directive:
“…rights-holders should be encouraged to use markings…”
SEARCH ENGINES
Collecting societies to
collaborate with
creative commons?
“…to build a reasonable, flexible copyright in the face of increasingly default rules”
“coercion does not ensure compliance”
traditional copyright industry
open movement
THANK YOU!
any
questions?
ALEXANDRA [email protected]
INFORMATION
•All images from www.flickr.com
•Image & licensing info in the notes section of slides
•Presentation licensed: Creative Commons BY-NC-SA
•The presentation is available online: http://www.slideshare.net/alex_giannopoulou www.prezi.com
