Download - Digital Rights Management: Whose Rights Are We Protecting? Garret Sern [email protected].

Digital Rights Management: Digital Rights Management: Whose Rights Are We Whose Rights Are We

Protecting? Protecting?

Garret Sern Garret Sern

EDUCAUSEEDUCAUSE

[email protected]@educause.edu

Ideal Digital Rights ManagementIdeal Digital Rights Management

Government Regulation Plays Minor RoleGovernment Regulation Plays Minor Role

Consumers and Creators Both BenefitConsumers and Creators Both Benefit

Choice of affordable and effective DRM Choice of affordable and effective DRM products available in marketplaceproducts available in marketplace

Piracy is inhibited; Fair Use MaintainedPiracy is inhibited; Fair Use Maintained

Areas for DiscussionAreas for Discussion

Recent EventsRecent Events

TEACH Act Technology ProvisionsTEACH Act Technology Provisions

Congressional LegislationCongressional Legislation

Institutional Policy ConsiderationsInstitutional Policy Considerations

What you can doWhat you can do


Supreme Court Ruling in Supreme Court Ruling in Eldred v. AshcroftEldred v. Ashcroft

Upheld Sony Bono Copyright Term Extension Upheld Sony Bono Copyright Term Extension Act (S.505)Act (S.505)

Lengthened Copyrights on creative works to 70 Lengthened Copyrights on creative works to 70 from 50 years after creator’s death; 95 years from 50 years after creator’s death; 95 years from 75 years for works created for corporationsfrom 75 years for works created for corporations

Court held Congress did not exceed its power Court held Congress did not exceed its power under the Copyright Clause and did not violate under the Copyright Clause and did not violate the First Amendmentthe First Amendment


U.S. District Court of Washington, DC In Favor U.S. District Court of Washington, DC In Favor of RIAAof RIAA

Verizon must provide name of Internet Verizon must provide name of Internet subscriber suspected of digital piracysubscriber suspected of digital piracy

Allows subpoena from an U.S. District Court Allows subpoena from an U.S. District Court clerk’s office without a judge’s orderclerk’s office without a judge’s order

First time industry used law to go after personal First time industry used law to go after personal computer, rather than central servercomputer, rather than central server

Upholds U.S. Copyright Law Section 512(h) Upholds U.S. Copyright Law Section 512(h)

Section 512(h)Section 512(h)

Applies to subpoena procedures in Applies to subpoena procedures in identifying infringeridentifying infringerInformation requested may only be used to Information requested may only be used to protect rights under this titleprotect rights under this titleSubpoena authorizes and orders ISP’s to Subpoena authorizes and orders ISP’s to disclose information if it is availabledisclose information if it is availableISP’s shall disclose requested information ISP’s shall disclose requested information

http://www.copyright.gov/title17/http://www.copyright.gov/title17/

Questions to PonderQuestions to Ponder

What level of judicial review is necessary What level of judicial review is necessary to ensure fairness and balance the rights to ensure fairness and balance the rights and interests of all concerned?and interests of all concerned?

Will the entertainment community “abuse” Will the entertainment community “abuse” this provision?this provision?

Privacy implications? FERPA? Privacy implications? FERPA?

Undermining the DMCA? Undermining the DMCA?

“Congress could have made this statute clearer.” –

Judge John D. Bates

TEACH Act CharacteristicsTEACH Act Characteristics

Technology, Education and Copyright Technology, Education and Copyright Harmonization Act (H.R.2215) signed into Harmonization Act (H.R.2215) signed into law November, 2002 law November, 2002

Amends U.S. Copyright Law to allow Amends U.S. Copyright Law to allow nonprofit educational institutions to use the nonprofit educational institutions to use the Internet to provide copyrighted material to Internet to provide copyrighted material to registered students taking part in registered students taking part in "mediated instructional activities." "mediated instructional activities."

TEACH Act CharacteristicsTEACH Act Characteristics

1.1. Expands categories of works that can be Expands categories of works that can be performed in distance education. performed in distance education.

2.2. Removes the concept of the physical Removes the concept of the physical classroom.classroom.

3.3. Allows storage of copyrighted material on a Allows storage of copyrighted material on a server.server.

4.4. Allows institutions to digitalize works. Allows institutions to digitalize works. 5.5. Authorized distance learning participants not Authorized distance learning participants not

held liable for infringement for any transient held liable for infringement for any transient copies made through digital transmission. copies made through digital transmission.

TEACH Act ImplementationTEACH Act Implementation

Institutions taking advantage of TEACH Institutions taking advantage of TEACH must:must:

1.1. Educate their communities on U.S. Educate their communities on U.S. Copyright LawCopyright Law

2.2. Institute policies regarding copyright.Institute policies regarding copyright.3.3. Install "reasonable" technological Install "reasonable" technological

protection measures to prevent the protection measures to prevent the unauthorized retention and redistribution unauthorized retention and redistribution of copyrighted materialof copyrighted material

TEACH Act ResourcesTEACH Act Resources

American Library AssociationAmerican Library Association

http://www.ala.org/washoff/disted.htmlhttp://www.ala.org/washoff/disted.html

http://www.ala.org/washoff/teach.htmlhttp://www.ala.org/washoff/teach.html

U.S. Copyright OfficeU.S. Copyright Office

http://www.copyright.gov/legislation/pl107-273.htmlhttp://www.copyright.gov/legislation/pl107-273.html

““Balancing Copyright Concerns: The TEACH Act Balancing Copyright Concerns: The TEACH Act of 2001” by Laura Gassawayof 2001” by Laura Gassaway

http://www.educause.edu/ir/library/pdf/http://www.educause.edu/ir/library/pdf/ERM01610.pdfERM01610.pdf

Congressional LegislationCongressional Legislation

Berman/Coble P2P Piracy Prevention ActBerman/Coble P2P Piracy Prevention Act

Hollings The Consumer Broadband and Digital Hollings The Consumer Broadband and Digital Television Promotion Act Television Promotion Act

Section 1201 of the DMCASection 1201 of the DMCA

http://www.copyright.gov/1201/http://www.copyright.gov/1201/

Boucher Digital Media Consumers’ Rights Act Boucher Digital Media Consumers’ Rights Act (H.R.107)(H.R.107)

Private Sector InitiativesPrivate Sector Initiatives

Recent announcement of joint policy Recent announcement of joint policy principals by RIAA, Business Software principals by RIAA, Business Software Alliance and Computer Systems Policy Alliance and Computer Systems Policy ProjectProject

Content Industry-Higher Education Joint Content Industry-Higher Education Joint CommitteeCommittee

Meanwhile, representatives from six higher-education trade associations have agreed to form task forces to study anti-piracy policies and technologies. The groups will be advised by the Recording Industry Assn. of America, the Motion Picture Assn. of America and other copyright holders eager to stem the flow of pirated material over high-speed college networks.

-LA Times, “Crackdown Launched on Pirating”, December 12, 2002

Institutional Policy Institutional Policy ConsiderationsConsiderations

Policy on Use of Copyrighted MaterialsPolicy on Use of Copyrighted Materials

P2P File Sharing and “Safe Harbor” P2P File Sharing and “Safe Harbor” Provisions of DMCAProvisions of DMCA

Copyright Education and Informational Copyright Education and Informational MaterialsMaterials

Licensing Practices & Licensing Practices & Software/Information Contracts Terms Software/Information Contracts Terms and Conditionsand Conditions

What You Can DoWhat You Can Do

Designate a DMCA ContactDesignate a DMCA Contacthttp://lcweb.loc.gov/copyright/onlinesp/http://lcweb.loc.gov/copyright/onlinesp/

Initiate/Continue faculty-student copyright education Initiate/Continue faculty-student copyright education programs:programs:

University of Texas-Austin Crash Course on CopyrightUniversity of Texas-Austin Crash Course on CopyrightUniversity of Virginia IT PoliciesUniversity of Virginia IT Policies when-I-go-to-UVA-lg.wmvwhen-I-go-to-UVA-lg.wmv

Implement Implement reasonable reasonable technological protection technological protection measuresmeasures

Where’s Rodney?Where’s Rodney?

Director, Policy and Planning, Office of Information Technology, University of Maryland

Federal Policy and IT Decisions:Federal Policy and IT Decisions:Advocacy and Policy ResourcesAdvocacy and Policy Resources

EDUCAUSE Policy ProgramEDUCAUSE Policy Programhttp://www.educause.edu/policy/policy.htmlhttp://www.educause.edu/policy/policy.html

EDUCAUSE Washington UpdateEDUCAUSE Washington Updatehttp://listserv.educause.edu/archives/update.htmlhttp://listserv.educause.edu/archives/update.html

Cornell/EDUCAUSE Institute for Computer Policy Cornell/EDUCAUSE Institute for Computer Policy and Lawand Lawhttp://www.educause.edu/icplhttp://www.educause.edu/icpl

EDUCAUSE Information Resource LibraryEDUCAUSE Information Resource Library

http://www.educause.edu/ir/ir-library.htmlhttp://www.educause.edu/ir/ir-library.html

Major investments and technical breakthroughs have combined to make data communications the most important new medium of the past decade. The annual Networking conferences provide the premier forum for higher education information technology leaders to gather to discuss policy and practical issues associated with advancing networking technologies and usage, and to launch and report on major initiatives. The Networking 2003 conference will bring together leaders from higher education and federal, regional, and state governments to review and evaluate network policy issues, emerging network applications, and the organizational, institutional, and economic opportunities posed by federal government, public, and private sector network development efforts. People who should attend this conference include campus chief information officers, college and university government relations professionals, campus librarians, computer science faculty members, and government policy leaders engaged in federal information technology issues

For the latest agenda and registration information:

http://www.educause.edu/conference/networking/2003/