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The Digital Media Project |
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Source |
L. Chiariglione |
Date |
2004/09/18 |
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Title |
Analysis of TRUs identified by DMP |
No. |
0179/AHG02 |
Analysis of Traditional Rights and Usages (TRU) identified by DMP
Note: This document is based on DMP0177. The “Roles/Advamtages/Disadvantages” column has been split in 3 colunms: Roles, Advamtages and Disadvantages.
The Digital Media Project (DMP) is a not-for-profit organisation registered in Geneva with the mission to “promote continuing successful development, deployment and use of Digital Media that respect the rights of creators and rights holders to exploit their works, the wish of end users to fully enjoy the benefits of Digital Media and the interests of various value-chain players to provide products and services, according to the principles laid down in the Digital Media Manifesto”.
DMP has identified “Interoperable Digital Rights Management (DRM)” as the technology whose deployment can further its statutory goals and has developed a work plan whose current version foresees, inter alia, the development and publication of
1. Technical Specification for Portable Audio and Video (PAV) Devices in April 2005
2. Technical Specifications for Interoperable DRM Platform (IDP) and Interoperable End-user Devices (IED) in October 2005
3. Recommended Practices for End-to-End Conformance (EEC) in July 2006.
In July 2004 DMP has already issued a Call for Proposals (CfP) on “Portable Audio and Video (PAV) Devices”, relevant to point 1. above and is planning to issue another CfP on “Interoperable DRM Platform (IDP) and Interoperable End-User Devices (IED)” relevant to poiny 2. above. The latter specifications will extend the functionalities of the PAV specification.
In spite of the value DMP recognises to Interoperable DRM as the main digital media-enabling technology, DMP has noted that DRM has the potential to substantially alter the balance that has been in existance in the analogue world between different Users of Content, in particular when one of them is the End-User. If not appropriately remedied, this imbalance may lead to a significant reduction of the scope of Traditional Rights and Usages (TRU) of Users. A possible outcome is the outright rejection of the new technology on the part of some Users, in particular End-Users.
It should be noted that DMP is not claiming that an established TRU necessarily implies a right of a User to a particular Use of digital media but simply that, if Users have found a particular Use advantageous in the analogue domain they are probably interested to continue exercising that Use in the digital domain as well. Leveraging on this interest may provide opportunities for new “Digital Media Business Models” that are attractive to Users but are respectful of the rights of those who have created Works and invested in making Content. DMP has identified a number of TRUs and analysed their nature.
Therefore DMP expects that, to make DRM-enabled digital media successful, individual jurisdictions will determine which TRUs shall mandatorily be supported by IDPs and IEDs operating under their jurisdiction and which TRUs can be left to private negotiations between Users. This is a challenging task because it requires blending legal and social knowledge with in-depth knowledge of the highly sophisticated and unusual DRM technologies.
Acknowledging this hurdle DMP has, as part of its work plan, decided to develop and publish
4. Recommended Action on Traditional Rights and Usages (TRU) in October 2005
Such a document would have the purpose of facilitating the deployment and adoption of Interoperable DRM technologies based on DMP Technical Specifications by providing a neutral description of the potential problems arising in their use and designing scenarios enabled by specific technical and legal choices. The target audience of the document would be specific legislative environments to help them produce the most appropriate regulations of DMP IDPs and IEDs.
The present document is an initial draft of a Call for Contributions that DMP plans to issue on 2004/10/29. The Call will contain a number of scenarios where the effect on the TRUs of the more relevant Value-Chain Users is analysed.
This document represents work in progress. It will become a Call for Contributions on Mapping of Traditional Rights and Usages to the digital space published by DMP at its 4th General Assembly held in Barcelona (ES) on 27-29 October 2004. Anybody is invited to review the TRUs analysed in this document, make comments on the suggested scenarios, study new scenarios or analyse new TRUs. Some cases needing an early analysis are proposed in this document. Annex A gives a list of Value-Chain Users identified by DMP. Note that words beginning with a capital letter are defined in the DMP Terminology.
Those wishing to comment on or contribute requirements to this document should forward their submissions to Leonardo Chiariglione (leonardo@chiariglione.org). Submissions will be discussed by the Ad hoc Group on Traditional Rights and Usages (TRU) Call for Contributions. To subscribe to the ad hoc group reflector follow the instructions.
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Disclaimer DMP makes explicit disclaimer that the scenarios described in this document do not represent the official view of DMP on how a specific TRUs should be supported. The scenarios are simply provided for the purpose of stimulating a discussion. |
Table of Contents
2 TRU #02 to make personal copy
3 TRU #03 to space shift content
4 TRU #04 to time shift content
5 TRU #05 to make playback Device
6 TRU #07 to use content whose copyright has expired
7 TRU #09 to publish content anonymously
8 TRU #10 to Use Content anonymously
10 TRU #13 to annotate for personal use
11 TRU #14 to edit for personal use
12 TRU #18 to apply a rating to a piece of content
13 TRU #25 of "First sale"/Personal loan
14 TRU #28 of time based advertising
15 TRU #55 to access content in libraries
16 TRU #58 to choose the delivery system
17 TRU #61 of communication to the public
Description
TRU to reproduce limited portions of another author's work, for a variety of reasons, and in a variety of ways usually involving some attribution. Permission from the original author is not required, however exercise of the quote TRU exposes the quoting author to possible legal challenges.
Type of support
1. Content is Released as Governed Content
2. “Quote Governed-Content” is technically supported
3. Public Authorities determine
· The types of Governed Content that can be Quoted
· The Users who have the Right to acquire a License to Quote
· The types of Licenses that can be acquired
· The obligation of the Users making a Quote, e.g.
i. Notify Author/Performer etc. that a Quote is being made
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
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AUT
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· |
· Know to what extent End-Users can Quote their Works · Can Quote another Author’s Content when creating new Work · Quotes promote Works |
· |
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PRF
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· |
· Know to what extent End-Users can Quote their Content · Quotes promote Content |
· |
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CMS |
· |
· End-Users cannot misuse Quote of the Works administered by them (e.g. 5s ringtone) · Quotes promote Works |
· |
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PRD |
· Release Governed Content |
· Quotes promote Content · End-Users cannot misuse Quote of their Content |
· |
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PBL |
· Release Governed Content |
· Quotes promote Content · End-Users cannot misuse Quote of their Content |
· |
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ENU
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· |
· Use Content as set by the Rights Expressions and as set by legislation, e.g. o An End-User Quotes a news clip |
· |
|
PBA |
· Set general rules concerning Quote |
· |
· |
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
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· |
· |
· |
Description
This TRU allows certain acts that
pertain to exclusive right of reproduction without requesting prior
authorization.
Two factors are taken into account: the user (individual, some
institutions) and/or the purpose of the use (education, non commercial…)
to fall under the exception scope and avoid copyright infringement.
Type of support
1. Content is Released as Governed Content
2. Governed Content can be technically Used on all End-User Devices with similar features
3. Authorised Domains can be set up easily by End-Users
4. End-Users can Backup Governed Content
5. Legislation sets bounds on Rights Expressions, e.g.
o Governed Content can be Moved within Authorised Domains
o Governed Content can be Backed up
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
|
CMS |
· |
· Private copies cannot be misused |
· Content can only be promoted directly (or by word of mouth) |
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PRD
|
· |
· Private copies cannot be misused |
· Content can only be promoted directly (or by word of mouth) |
|
PBL |
· |
· Private copies cannot be misused |
· Content can only be promoted directly (or by word of mouth) |
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ENU
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· |
· Can Use Content with the similar possibilities as offered by analogue private copy |
· |
|
PBA |
· Set general rules of Copy |
· |
· |
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
Description
The ability for an End-User to Use his Content wherever he is.
Type of support
1. Content is Released as Governed Content with a License for Personal Use
2. Governed Content can be technically Used on all End-User Devices with similar features
3. Public Authorities set bounds on Rights Expressions, e.g.
a. An End-User can acquire Content for personal Use (i.e. not bound to be Used on a specific Device)
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
|
ENU
|
· |
· Can Use Governed Content with similar possibilities as for analogue content, e.g. o Can Use Governed Content on any Device Used by the End-User |
· |
|
PBA |
· Set general rules of Content Use |
· |
· |
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
Description
The ability for an End-User to Use Content at a different time than when it was originally made available.
Type of support
1. Content is Released as Governed Content
2. Public Authorities set bounds on Rights Expressions, e.g.
a. An End-User can Use Governed Content at the time of his choice, but different rules may apply to different types of Content
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
|
ENU
|
· Use Governed Content as set by Rights Expressions within the bounds set by Public Authorities |
· |
· |
|
PBA |
· Set the general rules of time-shifting |
· |
· |
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
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· |
· |
· |
Description
The ability to manufacture or otherwise create devices for accessing and using content.
Type of support
1. Content is released as Governed Content
2. Specifications to make Devices are publicly available
3. Technologies to make Devices can be licensed at reasonable and non-discriminatory (RAND) terms and conditions
4. Device Certification is obtainable from third parties
5. Devices can be sold through normal channels
6. Public Authorities set general rules of
a. Device Conformance
b. Revocation of Devices
c. …
Roles of and Advantages/Disadvantages for Value-Chain Users
|
VCU |
Roles |
Adv. |
Disadv. |
|
RTL |
· Release Governed Content to Authenticated Devices |
· |
· |
|
TLP |
· License technologies to Device Manufacturers |
· |
· |
|
DVM |
· Make Devices |
· Can obtain license of relevant technologies |
· |