The Digital Media Project

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 the goals stated in its Mission and has developed a work plan (dmp04144) whose current version foresees the development and publication of:

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 existence 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 produced valuable Content. DMP has identified a significant number of TRUs (DMP0270) and analysed their nature.

Therefore DMP plans to add technologies to its specifications to make the exercise of TRUs technically possible. However, even a summary analysis shows that many TRUs have a legislative/regulatory impact that needs to be addressed by proper authorities. Therefore DMP expects that individual jurisdictions will determine which TRUs shall mandatorily be supported by the Interoperable DRM Platforms operating under their jurisdiction and which TRUs can be left to private negotiations between Users, and also which conditions of use should be attached. This is a challenging task because it requires blending knowledge encompassing the legal, social and economic fields 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

DMP considers the proper accommodation of TRUs in the digital space as a fundamental step to be made in order to make the deployment of DRM-enabled digital media successful. The TRU Recommended Action will provide for each TRU

2. One or multiple scenarios enabled by IDP technologies indicating for each of these the possible measures and the impact of each scenario on the roles of the main Value-Chain Users affected.

DMP believes that such a document would greatly facilitate the adoption and deployment of Interoperable DRM systems based on DMP Specifications by helping specific legislative environments produce the most appropriate legislations or regulations.

This document can be seen a very preliminary draft of the TRU Recommended Action and contains in a nutshell the elements that will appear in the final document.

2 DMP-identified Traditional Rights and Usages

#	Cat	TRU	RH	MM	EU
01	B	TRU to quote			X
02	E	TRU to make personal copy			X
03	D	TRU to space shift content			X
04	D	TRU to time shift content			X
05	F	TRU to make playback device		X	X
06	F	TRU to choose playback device			X
07	B	TRU to use content whose copyright has expired	X	X	X
08	D	TRU to communicate privately			X
09	D	TRU to publish content anonymously	X
10	D	TRU to use content anonymously			X
11	A	TRU of attribution	X
12	D	TRU of anonymity	X
13	E	TRU to annotate for personal use			X
14	E	TRU to edit for personal use			X
15	C	TRU not to be counterfeited		X
16	C	TRU that sales displays will follow acceptable practice		X
17	C	TRU to be ignorant of usage		X
18	E	TRU to apply a rating to a piece of content		X
19	D	TRU of continued access			X
20	D	TRU of political freedom	X	X	X
21	D	TRU of freedom of art			X
22	A	TRU to be recognized as the author (paternity)	X
23	A	TRU not to be miscredited as the author (misattribution)	X
24	A	TRU for the author's work not to be tampered with (integrity)	X
25	C	TRU of "First sale"/Personal loan			X
26	D	TRU to transcode			X
27	E	TRU to make prohibited content inaccessible
28	E	TRU to time based advertising
29	D	TRU to digital media rental
30	D	TRU to freedom from monitoring			X
31	F	TRU of reverse engineering		X	X
32	A	TRU of withdrawal/objection	X
33	B	TRU of fair use			X
34	A	TRU of reproduction	X
35	C	TRU of economic exploitation	X
36	A	TRU of distribution	X
37	C	TRU of contractual commerce	X	X	X
38	C	TRU of reciprocal protection	X
39	C	TRU of respect for sale royalties terms and conditions	X
40	C	TRU of respect for performance royalties terms and conditions	X
41	C	TRU of respect for resale royalties terms and conditions	X
42	C	TRU of equitable remuneration	X
43	A	TRU of reputation	X
44	C	TRU of reasonable modification		X
45	A	TRU of first publication/disclosure	X
46	A	TRU of parody	X
47	A	TRU of factual reporting	X
48	A	TRU to restrict access to unpublished material	X
49	A	TRU of lending	X
50	A	TRU of translation	X
51	C	TRU of regional pricing		X
52	B	TRU of unpublished recording			X
53	B	TRU of developing nations exception			X
54	B	TRU of copying for classroom instruction			X
55	B	TRU to access content in libraries			X
56	E	TRU of authenticity of content guaranteed	X	X	X
57	F	TRU to choose the service	X		X
58	F	TRU to choose the delivery system	X		X
59	A	TRU of moral rights	X
60	C	TRU of rental	X
61	A	TRU of communication to the public	X
62	A	TRU of applying technological access restrictions	X
63	E	TRU to distribute lower-resolution copies only	X
64	E	TRU to compel real-time only consumption	X
65	E	TRU to restrict place of use	X
66	E	TRU to restrict time of use	X
67	F	TRU to make content creation device	X	X
68	F	TRU to assign content description	X	X
69	F	TRU to access content of one's choice			X
70	F	TRU to run applications of one's choice			X
71	F	TRU to attach playback devices of one's choice to a network			X
72	F	TRU to access information about content			X
73	E	TRU to share content with members of a group			X
74	D	TRU to improve end-user experience	X	X
75	F	TRU to choose security	X	X	X
76	A	TRU to restrict adaptation	X	X
77	A	TRU to restrict performance	X	X
78	C	TRU contracting for middle-men to broadcast	X	X
79	C	TRU contracting for middle-men to publish	X	X
80	C	TRU contracting for middle-men to release	X	X
81	C	TRU contracting for middle-men to promote	X	X
82	E	TRU of adaptation			X
83	C	TRU of performance			X
84	A	TRU not to apply DRM to a piece of content	X
85	C	TRU to syndication	X	X
86	C	TRU to choose mode of economic compensation	X	X
87	A	TRU to determine context of use	X	X
88	E	TRU to make a print of a video scene (repurposing)			X

The Digital Media Project
Source	GA06	Date:	2005/04/15
Title	Issues in mapping TRUs to the digital space	No.	0410/San Diego, CA

#	Type of document	Approved Document title	Phase I	Phase II	Phase III
1	Technical: Reference	Use Cases	2005/04	2005/10	TBD
2	Technical Reference	Architecture	2005/04	2005/10	TBD
3	Technical Specification	Interoperable DRM Platform	2005/04	2005/10	TBD
4	Technical Specification	Value-Chains	2005/04	2005/10	TBD
5	Technical Reference	Registration Authorities	2005/04	TBD	TBD
6	Technical Reference	Terminology	2005/04	TBD	TBD
7	Technical Specifications	Reference Software	2005/07	2006/01	TBD
8	Recommended Practices	End-to-End Conformance	2005/10	2006/04	TBD

#		Document title	Phase I	Phase II	Phase III
9	Recommended Action	Mapping of Traditional Rights and Usages to the digital space	2006/04	TBD	TBD

A	:	Already-established legislative TRUs of content creators
B	:	Already-established legislative TRUs belonging to end-users
C	:	Commercial and remuneration TRUs of direct economic significance
D	:	TRUs related to general social liberties
E	:	Fundamental TRUs from historical practice and interaction with analogue media
F	:	Consumer-choice TRUs relevant to the high-tech environment

1 Introduction

2 DMP-identified Traditional Rights and Usages

3 TRU #1 to quote

4 TRU #2 to make personal copy

5 TRU # 3 to space shift content

RH	:	Right Holder
MM	:	Middleman
EU	:	End-User