Burnett IT Legal Services March 2004 BRITISH COMPUTER SOCIETY NORTH LONDON BRANCH LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT Rachel.

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Presentation transcript:

Burnett IT Legal Services March 2004 BRITISH COMPUTER SOCIETY NORTH LONDON BRANCH LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT Rachel Burnett Burnett IT Legal Services March 2004

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT THEMES Legal tensions Copyright Rights for electronic copyright owners Protecting electronic works DRM & Law – changes & challenges

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT COPYRIGHT Nationally-based economic right Right to authorise or prohibit copying Owning, licensing and transferring copyright Layers of copyright

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT RIGHTS FOR ELECTRONIC COPYRIGHT OWNERS Reproduction of material Communication to the public Distribution

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT EXCEPTIONS TO RIGHTS FOR ELECTRONIC COPYRIGHT OWNERS Mandatory exception - Temporary and transient copying Optional exceptions – e.g. fair dealing

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT TECHNOLOGY RIGHTS FOR ELECTRONIC COPYRIGHT OWNERS Allow technological solutions for protecting copyright Prohibit devices which - circumvent copy control systems, or - remove or alter electronic rights-management information

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT PROTECTING ELECTRONIC WORKS Licensing Technical barriers Shifting boundaries of infringement

Burnett IT Legal Services March 2004 LEGAL ISSUES OF DIGITAL RIGHTS MANAGEMENT DRM & LAW – CHANGES & CHALLENGES Changing concepts of originality Changing concepts of economic value Anonymity versus security