Examining Digital Rights Management Managing Intellectual Property for Training in the Digital Age Speaker 1: Robby Robson, President, Eduworks Corporation Copyright 2004, Eduworks Corporation. This work is licensed under a Attribution-NoDerivs-NonCommercial 1.0 Creative Commons License (see http://creativecommons.org/licenses/by-nd-nc/1.0/).

Outline What is DRM – Walking through a familiar scenario DRM Ecosystems Key Concepts State of the Art DRM in Educational Digital Libraries Discussion

SCENARIO: THE GOOD OLD-FASHIONED BOOK Things seem simple: Author writes a book Publisher publishes it Publisher sells book to wholesaler Trainer selects book for course Wholesaler sells to bookstore Bookstore sells to students It’s business as usual!

But it’s not just the book that is being bought and sold C

© defined when book is published Copyright is a bundle of rights afforded to a copyright owner when a work is “fixed in a copy for the first time.” The rights afforded to the copyright owner include the exclusive rights to Reproduce Distribute Perform Display Make derivative works Exemptions include fair use, reproduction by libraries and archives, and the Technology, Education And Copyright Harmonization (TEACH) Act*. Ownership of a right may be transferred** * Only applies to accredited educational institutions, with many restrictions ** Authors have additional rights to attribution and to protect their reputation that may not be transferred [1] Ibid. Section 106, pp. 14 – 15. [2] Ibid. Section 106A, p. 15. [1] Circular 92: Copyright Law of the United States of America and related Law contained in Title 17 of the United States Code, published by the U.S. Copyright Office and the Library of Congress, July 2001. Section 101, p. 2.

Publisher to Wholesaler to Bookstore to Student Rights are acquired and distributed in exchange for money Rights include permissions and conditions [WHOLESALER / BOOKSTORE] - Payment required Permission to distribute - Tracking required - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - [STUDENT] - In exchange for payment Permission to read - (Not as a public performance) Permission to copy - Denied(!) Permission to sell - Under same terms as purchase

The Physical Book The Rights Contains and renders content Is a token of exchange Helps enforce rights via copy protection & tracking The Rights Are governed by law, agreements & professional ethics Are supported by trusted B2B & B2C relationships

Changes to Content in the Digital World Separation of content and rendering Digital files contain content Players render content (A book does both) Replication and distribution Replication is (nearly) perfect Distribution is (nearly) free (Books are hard to replicate and require physical distribution)

Changes to Processes in the Digital World? Tracking and control How do you uniquely label a digital copy? How many digital copies have been distributed? (Books can be physically ‘stacked and tracked’) The nature of distribution Services are unbundled (and less familiar) There are few barriers to participation in digital distribution Who do you trust?

Therefore … A move from organizational to technological methods of rights management Which raises the questions ….. What are these methods? What do they do? How do they work? How mature are they? Is this a good thing or a bad thing? What can I do now? What must I do now?

And … Are our Goals to Protect … or to Share? The commercial licensing of inviolable content (e.g. a DVD) directly to a consumer is only one model For learning, education and training, digital rights must support sharing, reuse and make workflows better. DRM must act as an enabler, not just a controller Difficulty of accessing rights is a barrier to reuse

A Way to Think about Rights Management Digital Rights Ecosystems A Way to Think about Rights Management

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Rights Management Environment Law Market Mechanisms Policy Expectations Environment in which DRM takes place

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Rights Management Environment Law Market Mechanisms Policy Expectations Authors Publishers Librarians / Repository Managers Faculty / Trainers Students Actors in the Ecosystem

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Learning Management Environments Rights Management Environment Law Market Mechanisms Policy Expectations Authors Publishers Librarians / Repository Managers Faculty / Trainers Students External Sites -------------- Digital Libraries E-stores Bookstores Etc. Internal Sites ------------- Libraries, Repositories, Content Mgt Systems Catalog Find Acquire Distribute Learning Management Environments --------------- LMS / LCMS, Collaborative Environments, Portals Etc. Use Author Assemble Publish CONTENT MANAGEMENT

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Learning Management Environments Rights Management Environment Law Market Mechanisms Policy Expectations Authors Publishers Librarians / Repository Managers Faculty / Trainers Students Distribute Content Distribute Content External Sites -------------- Digital Libraries E-stores Bookstores Etc. Internal Sites ------------- Libraries, Repositories, Content Mgt Systems Catalog Find Acquire Distribute Learning Management Environments --------------- Course Mgt Systems, Collaborative Environments, Portals Etc. Use Author Assemble Publish Distribute Content Acquire Content Acquire Content Acquire Content Distribute Content Acquire Content The Flow of Content

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Learning Management Environments Rights Management Environment Law Market Mechanisms Policy Expectations Authors Publishers Librarians / Repository Managers Faculty / Trainers Students Enforce and Distribute Rights Distribute Rights External Sites -------------- Digital Libraries E-stores Bookstores Etc. Internal Sites ------------- Libraries, Repositories, Content Mgt Systems Catalog Find Acquire Distribute Learning Management Environments --------------- Course Mgt Systems, Collaborative Environments, Portals Etc. Use Author Assemble Publish Distribute Rights Acquire Rights and Track Usage Acquire Rights and Track Usage Acquire Rights Enforce and Distribute Rights Acquire Rights and Track Usage The Flow of Rights

DIGITAL RIGHTS MANAGEMENT ECOSYSTEM Learning Management Environments Rights Management Environment Law Market Mechanisms Policy Expectations Authors Publishers Librarians / Repository Managers Faculty / Trainers Students Enforce and Distribute Rights Distribute Rights External Sites -------------- Digital Libraries E-stores Bookstores Etc. Internal Sites ------------- Libraries, Repositories, Content Mgt Systems Catalog Find Acquire Distribute Learning Management Environments --------------- Course Mgt Systems, Collaborative Environments, Portals Etc. Use Author Assemble Publish Distribute Rights Acquire Rights and Track Usage Acquire Rights and Track Usage Acquire Rights Enforce and Distribute Rights Acquire Rights and Track Usage Expression / Enforcement Standards Infrastructure Services (Some Standardized) Rights Expression Content Protection Authentication Financial Services Usage Tracking & Reporting Services Authorization Content Registry Rights Registry

Key Concepts Photo By Michael Doob

Policy versus Enforcement * Digital Policy Management Identify and describe rights Set business rules Organize rights to enable content distribution Digital Policy Enforcement Ensuring that digital rights are respected Ideally based on mutual benefit Two different, but interrelated activities * From a presentation by Chris Barlas of Rightscom at the EdMedia 2004 world conference in Lugano, Switzerland

Terms of Art Attribute Protect Assign credit to a creator of a work when it is referenced, copied, distributed or performed. Authenticate Establish the identity of an individual. Authorize Establish what an individual is permitted to do. Protect Protect a work from unauthorized use. Track Record usage / user data. Persist Preserve rights policies as content moves through a distributed network License An explicit collection of rights pertaining to a resource.

State of the Art Access Control Authentication by Role Content Protection Licenses Policy Definition Policy Expression Out-of-the-box Common Practice. Standards exist. Some Practice in distributed environments. Common Practice. Standards exist. Some Practice in distributed environments. Becoming more common but still a blunt instrument. A promising approach. Gaining acceptance Sometimes done. Standards but little Technology Not yet

Rights Management In Educational Digital Libraries

Rights and Permissions - Guidelines Description: Provide a statement of rights and permissions. Explanation: A resource cannot be reused if doing so would violate the terms and conditions imposed by copyrights, licenses or contracts. A statement of rights and permissions tells potential users what they are allowed to do with a resource. Four specific Guidelines: 2.1 – Statement of Copyright (include it!) 2.2 – Statement of Terms of Use (include it!) 2.3 – Adopt a Workable Licensing Policy (do it!) 2.4 – Grant Modification Rights (if appropriate) 16 November, 2004 Examining Digital Rights Management

RIGHTS METADATA

Example*: NO RIGHTS IN SEARCH OPTION *From www.reusablelearning.org/examples. Created to illustrate guidelines This is not a real digital library.

Example – NO RIGHTS IN SEARCH RESULTS

Example – RIGHTS INFO IN SEARCH OPTIONS Rights information

Link to detailed rights information Example – RIGHTS INFO IN SEARCH RESULTS Rights information Link to detailed rights information

Two Examples

DISCUSSION Practices Legal Context Managing Rights Implementation Copyright Law Patents Fair Use / Dealing Specific laws Regional differences Managing Rights Licenses Attribution Expression Languages Enforcement Protection Persistence Implementation Authentication Authorization Access control Tracking Identifiers Registries Protection mechanisms Creative Commons LMS Integration Standards Business Case Applications Requirements Cost Benefits Practices Policies Experiences Observations Stories

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