Digital Rights Management: Whose Rights Are We Protecting? Garret Sern

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

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

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

TEACH Act Resources American Library Association U.S. Copyright Office “Balancing Copyright Concerns: The TEACH Act of 2001” by Laura Gassaway pdf pdf

Congressional Legislation Berman/Coble P2P Piracy Prevention Act Hollings The Consumer Broadband and Digital Television Promotion Act Section 1201 of the DMCA 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 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 Considerations Policy on Use of Copyrighted Materials P2P 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 Initiate/Continue faculty-student copyright education programs: University of Texas-Austin Crash Course on Copyright University of Texas-Austin Crash Course on Copyright University of Virginia IT Policies 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 EDUCAUSE Washington Update Cornell/EDUCAUSE Institute for Computer Policy and Law EDUCAUSE Information Resource Library

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: