Digital Rights Management Whose Rights Are We Protecting

Digital Rights Management: Whose Rights Are We Protecting? Garret Sern EDUCAUSE gsern@educause. edu

Ideal Digital Rights Management Government Regulation Plays Minor Role Consumers and Creators Both Benefit Choice of affordable and effective DRM products available in marketplace Piracy is inhibited; Fair Use Maintained

Areas for Discussion Recent Events TEACH Act Technology Provisions Congressional Legislation Institutional Policy Considerations What you can do

Recent Events Supreme Court Ruling in Eldred v. Ashcroft Upheld Sony Bono Copyright Term Extension Act (S. 505) Lengthened Copyrights on creative works to 70 from 50 years after creator’s death; 95 years from 75 years for works created for corporations Court held Congress did not exceed its power under the Copyright Clause and did not violate the First Amendment

Recent Events U. S. District Court of Washington, DC In Favor of RIAA Verizon must provide name of Internet subscriber suspected of digital piracy Allows subpoena from an U. S. District Court clerk’s office without a judge’s order First time industry used law to go after personal computer, rather than central server Upholds U. S. Copyright Law Section 512(h)

Section 512(h) Applies to subpoena procedures in identifying infringer Information requested may only be used to protect rights under this title Subpoena authorizes and orders ISP’s to disclose information if it is available ISP’s shall disclose requested information http: //www. copyright. gov/title 17/

Questions to Ponder What level of judicial review is necessary to ensure fairness and balance the rights and interests of all concerned? Will the entertainment community “abuse” this provision? Privacy implications? FERPA? Undermining the DMCA?

“Congress could have made this statute clearer. ” – Judge John D. Bates

TEACH Act Characteristics Technology, Education and Copyright Harmonization Act (H. R. 2215) signed into law November, 2002 Amends U. S. Copyright Law to allow nonprofit educational institutions to use the Internet to provide copyrighted material to registered students taking part in "mediated instructional activities. "

TEACH Act Characteristics 1. Expands categories of works that can be 2. 3. 4. 5. performed in distance education. Removes the concept of the physical classroom. Allows storage of copyrighted material on a server. Allows institutions to digitalize works. Authorized distance learning participants not held liable for infringement for any transient copies made through digital transmission.

TEACH Act Implementation 1. 2. 3. Institutions taking advantage of TEACH must: Educate their communities on U. S. Copyright Law Institute policies regarding copyright. Install "reasonable" technological protection measures to prevent the unauthorized retention and redistribution of copyrighted material

TEACH Act Resources American Library Association http: //www. ala. org/washoff/disted. html http: //www. ala. org/washoff/teach. html U. S. Copyright Office http: //www. copyright. gov/legislation/pl 107 -273. html “Balancing Copyright Concerns: The TEACH Act of 2001” by Laura Gassaway http: //www. educause. edu/ir/library/pdf/ERM 01610. pdf

Congressional Legislation Berman/Coble P 2 P Piracy Prevention Act Hollings The Consumer Broadband Digital Television Promotion Act Section 1201 of the DMCA http: //www. copyright. gov/1201/ Boucher Digital Media Consumers’ Rights Act (H. R. 107)

Private Sector Initiatives Recent announcement of joint policy principals by RIAA, Business Software Alliance and Computer Systems Policy Project Content Industry-Higher Education Joint Committee

Meanwhile, representatives from six highereducation 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 Considerations Policy on Use of Copyrighted Materials P 2 P File Sharing and “Safe Harbor” Provisions of DMCA Copyright Education and Informational Materials Licensing Practices & Software/Information Contracts Terms and Conditions

What You Can Do Designate a DMCA Contact http: //lcweb. loc. gov/copyright/onlinesp/ Initiate/Continue faculty-student copyright education programs: University of Texas-Austin Crash Course on Copyright University of Virginia IT Policies when-I-go-to-UVA-lg. wmv Implement reasonable technological protection measures

Where’s Rodney? Director, Policy and Planning, Office of Information Technology, University of Maryland

Federal Policy and IT Decisions: Advocacy and Policy Resources EDUCAUSE Policy Program http: //www. educause. edu/policy. html EDUCAUSE Washington Update http: //listserv. educause. edu/archives/update. html Cornell/EDUCAUSE Institute for Computer Policy and Law http: //www. educause. edu/icpl EDUCAUSE Information Resource Library http: //www. educause. edu/ir/ir-library. html

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