Digital rights management

“ The citizen is not pleading for a new right of access, trumping all physical restraint and tangible property rights. The citizen is claiming that Congress has no power to give exclusive rights to restrain copying of digital content while simultaneously taking away the citizen's existing right to get access to that content for the purposes of fair use—at least in those cases where access is physically possible and violates no other property right, real or intellectual. ”

“ We declare that we have unalienable digital rights, rights that define how information that we individually own may or may not be treated by others, and that among these rights are free speech, privacy, and security. Since the proprietary, centralized architecture of the Internet at present has induced most of us to abandon these rights, however reluctantly or cynically, we ought to demand a new system that respects them properly. ”

“ To deal with the Internet, we need the Digital Millennium Copyright Act,13 the No Electronic Theft Act,14 the Sonny Bono Copyright Term Extension Act,15 and perhaps even the Collections of Information Antipiracy Act.16 As copying costs approach zero, intellectual property rights must approach perfect control. We must strengthen the rights, lengthen the term of the rights, increase the penalties, and make noncommercial illicit copying a crime. We must move outside the traditional realm of copyright altogether to regulate the technology around the copyrighted material. ”

“ The Copyright Act does not require rights holders to sell their works in the marketplace; they do not face a “use it or lose it” regime of protection. [128] Beyond the threshold question of protection, even within the fair use analysis, courts have found valid reasons why market harm analysis should weigh against the use when the copyright owner may have had creative or economic reasons for holding back the work. ”

“ As technology and markets have shifted, libraries employing CDL seek to use technology to hold up that same balance of rights while allowing users to access materials in formats that are most meaningful to them today. CDL promotes consumer choice in formats and platforms, while avoiding dragging courts into the thicket of restrictions and rights conflicts that would require extensive litigation to resolve. ”

“ This stressor is compounded by the fact the sector has underinvested in copyright awareness and support. The majority of GLAMs have limited access, if any, to legal service and expertise. Some receive pro bono services for project-specific or one-off advice. Few have an IP manager or legal team to support the range of needs that go beyond rights management. Those who do rely significantly on such persons and are even expected (and happy) to defer to them. For many, such persons provide an invaluable resource. ”

“ Desiring to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Desiring to address the problem of infringement of intellectual property rights, including infringement taking place in the digital environment, in particular with respect to copyright or related rights, in a manner that balances the rights and interests of the relevant right holders, service providers, and users; Desiring to promote cooperation between service providers and right holders to address relevant infringements in the digital environment ”

“ It is appropriate to establish protection for rights management information and technological protection measures, since rights management information and technological protection measures have nowadays been used in protecting works which are subject to copyright or performers' rights. ”

“ Remember, I am talking here about increases in the level of rights: protecting new subject matter for longer periods of time, criminalizing certain technologies, making it illegal to cut through digital fences even if they have the effect of foreclosing previously lawful uses, and so on. ”

“ Second, CC0 datasets published to the public domain require levels of digital literacy or expertise to ingest data, run queries, build apps and make other uses.
Third, digital collections published under open licences and public domain tools are receiving greater attention than those restricted by rights and technical protection measures. For example, open GLAMs have observed wider image circulation and reuse via unforeseen external platforms. These external interfaces produce new data on unexpected reuse of and interest in the collection. ”

“ Exercising fair use is a right, not an obligation. There will always be situations in which those entitled to employ fair use may forgo use or obtain permission instead; people may, for instance, choose easy licensing or a continued low-friction business relationship over employing their fair use rights. Seeking selected permissions from known, reasonable, and responsive rights holders may be an appropriate risk management strategy for large-scale digitization or web archiving projects, for example, even when the fair use analysis seems favorable. ”

“ We limit our analysis to non-commercial, controlled, digital lending by U.S. libraries of digitized copies of print books held in their collections. [31]
B. Fair Use That brings us next to fair use. Fair use applies to uses implicating any or all of the copyright holder’s exclusive rights, including both public distribution and the right to control reproductions. [32] Like the first sale doctrine, fair use is widely used and entire industries (e.g., home recording device manufacturers, search engines, filmmakers, publishers) rely on it. ”

“ The common-law doctrine of fair use, for example, began—and, even after receiving express statutory recognition in the Copyright Act of 1976, [3] continues to evolve—as a judge-made exception to the statutory exclusive rights of copyright holders. [4] So viewed, recent decisions may be creating what amounts to a judge-made exception to the liability rules of the DMCA—what is in substance, even if it has not been so labeled by the courts, an emerging doctrine of “fair circumvention.” ”

“ We declare that we legally own our own data; we possess both legal and moral rights to control our own data. Posts that appear on social networks should be able to be served, like email and blogs, from many independent services that we individually control, rather than from databases that corporations exclusively control or from any central repository. Just as no one has the right to eavesdrop on private conversations in homes without extraordinarily good reasons, so also the privacy rights of users must be preserved against criminal, corporate, and governmental monitoring ”

“ In simplest terms, the GPL locks software programs into a form of communal ownership—what today's legal scholars now call the "digital commons"—through the legal weight of copyright. Once locked, programs remain unremovable. ”

“ Technological access control measures have the capacity to prevent fair uses of copyrighted works as well as foul. Hence, there is a potential tension between the use of such access control measures and fair use. ”

“ The platforms have played important roles in promoting quality social and economic development and meeting people's increasing desire for a better life. Meanwhile, problems such as monopoly and algorithm abuse have undermined fair competition and damaged consumers' rights and interests. China has been actively developing its legal system to make it compatible with the platform economy, improving its regulatory mechanism to boost business development, and fostering a sound environment for the digital economy so as to promote fair competition and orderly development on social media platforms. ”

“ We reject these arguments und conclude that the district court correctly sustained Google’s fair use defense.
Google’s making of a digital copy to provide a search function is a transformative use, which augments public knowledge by making available information about Plaintiffs’ books without providing the public with a substantial substitute for matter protected by the Plaintiffs’ copyright interests in the original works or derivatives of them. ”

“ In reality, there are considerable levels of anxiety around the application of laws and the desire to comply and respect rights. Yet traditional copyright policies that treat in-copyright and public domain materials together and use dense legalese generally place the onus on the user to ensure no infringements of law occur. This assumes significant knowledge and understanding of the user. Such policies can become barriers to access and reuse, regardless of what their individual terms permit or prohibit. ”

“ In adjudicating these cases, the courts have clarified the rules and limits for the commercial use of customers' personal information, and prompted companies running online platforms to collect and use data in accordance with laws and regulations. For protection of intellectual property rights in internet-related cases of high technological complexity such as those involving patents, integrated circuit designs, technological secrets, and computer software, the courts have introduced a technology investigator system. ”

“ As data controllers and public authorities, GLAMs must guard against disclosing information that has been derived from personal data and process it to ensure individuals cannot be identified. These laws must be balanced against others promoting public access and reuse. For example, an out-of-copyright document digitised by scan as part of the public task may contain personal or sensitive information that requires redaction or prevents the GLAM from disclosing or supplying the information, even though the digital surrogate is in the public domain. ”

“ Freedom in the future will require us to have the capacity to monitor our devices and set meaningful policy on them, to examine and terminate the processes that run on them, to maintain them as honest servants to our will, and not as traitors and spies working for criminals, thugs, and control freaks. And we haven't lost yet, but we have to win the copyright wars to keep the Internet and the PC free and open. ”

“ Congress next provided an explanation of the requirement that an access control measure “effectively control access” to a copyrighted work:
[A] technological measure “effectively controls access to a work” if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work. ”

“ In the competition for foreign direct investment, these countries now hold a decided advantage. We urge other governments to ratify and implement the two WIPO Internet Treaties, which clarify exclusive rights in the on-line environment and specifically prohibit the devices and services intended to circumvent technological protection measures for copyrighted works. ”

“ As the body of work offered through Creative Commons grows, the ideals behind such open licenses will spread and become more commonplace. Through many of the avenues offered to creators by Creative Commons, commercial rights are maintained while other uses remain possible, allowing many people to benefit from the creativity on the global network today. ”

“ The response to this state of affairs has been varied; activities range from outright piracy by those unwilling to accept digital lockdowns, to an attempt at some sort of balance with the emergence of new kinds of copyright licenses, such as Creative Commons. The "copyfight", as it is known, is far from over, as the issues at stake refuse to be resolved easily. Through digital restrictions, and despite dominant corporations, there are an increasing number of people aiming to bring information to the public and have it free for use. ”

“ Each Party shall adopt or maintain appropriate laws, regulations, policies, orders, government-issued guidelines, or administrative or executive decrees that provide that its central government agencies use only non-infringing computer software protected by copyright and related rights, and, if applicable, only use that computer software in a manner authorised by the relevant licence. ”

“ Congress periodically considers legislative proposals that would allow the ownership of facts.5 The Digital Millennium Copyright Act gives content providers a whole array of legally protected digital fences to enclose their work.6 In some cases it effectively removes the privilege of fair use. Each day brings some new Internet horror story about the excesses of intellectual property. ”

“ The WIPO Internet Treaties have clarified exclusive rights and require signatories to provide effective legal remedies against the circumvention of certain technological measures that protect copyrighted works in on-line environments. A growing number of countries are implementing the WIPO Internet Treaties to create a legal environment conducive to investment and growth in Internet-related businesses and technologies. ”

“ The most reliable guarantee of our privacy, security, and free speech is not in the form of any enterprise, organization, or government, but instead in the free agreement among free individuals to use common standards and protocols. ”