1. Introduction: Digital Rights Management (DRM)
is a systematic approach to copyright protection for digital media. The purpose
of DRM is to prevent unauthorized redistribution of digital media and restrict
the ways consumers can copy content they have purchased. DRM is used to control
view, play, print, save, copy, transferring files from one media to another
one, password protection of the file and other such operations on digital
content (like electronic texts, music, and video). The contents are
persistently protected from storage stage to its uses and are not available at
anytime in decrypted state. DRM technology creates intentional and artificial
information usage barriers.
U.S. National
Institute of Standards and Technology defines DRM, as “a system of information technology
components and services, along with the corresponding law, policies and
business models, which strive to distribute and control intellectual property
and its rights.”
Electronic
Frontier Foundation defined DRM as a system that attempts “to control what you
can and can’t do with the media and hardware you’ve purchased.”
Publishers of
digital content are start relying on Digital Rights Management to stop easy and
affordable replication of their digital content. The electronic resources can
be controlled by the publishers as per the terms of the license. For example,
an E-book can be licensed to one single user and the file will work only on one
single device.
2. Uses of DRM: Some content providers claim
that DRM is necessary to fight copyright infringement and that it can help the
copyright holder maintain artistic control or ensure continued revenue streams.
Proponents argue that digital locks should be considered necessary to prevent
"intellectual property" from being copied freely, just as physical
locks are needed to prevent personal property from being stolen.
Those
opposed to DRM contend there is no evidence that DRM helps prevent copyright
infringement, arguing instead that it serves only to inconvenience legitimate
customers. Furthermore, works can become permanently inaccessible if the DRM
scheme changes or if the service is discontinued. Digital locks placed in
accordance with DRM policies can also restrict users from exercising their
legal rights under copyright law, such as backing up copies of CDs or DVDs,
lending materials out through a library, accessing works in the public domain,
or using copyrighted materials for research and education.
Many DRM
systems require authentication with an online server. Whenever the server goes
down, or a region or country experiences an Internet outage, it effectively
locks out people from registering or using the material. This is especially
true for a product that requires a persistent online authentication. Again,
when standards and formats change, it may be difficult to transfer
DRM-restricted content to new media.
3. Laws Regarding DRM: Article 11 of the 1996 WIPO
Copyright Treaty (WCT) requires nation’s party to the treaties to enact laws
against DRM circumvention, and has been implemented in most member states of
the World Intellectual Property Organization. The American implementation is
the Digital Millennium Copyright Act (DMCA), while in Europe the treaty has
been implemented by the 2001 European directive on copyright, which requires
member states of the European Union to implement legal protections for
technological prevention measures.
4. DMCA and DRM: The Digital Millennium Copyright
Act (DMCA) is a United States copyright law that implements two 1996 treaties
of the World Intellectual Property Organization (WIPO). Passed on October 12,
1998 by a unanimous vote in the United States Senate and signed into law by
President Bill Clinton on October 28, 1998, the DMCA extended the reach of
copyright, while limiting the liability of the providers of on-line services
for copyright infringement by their users.
DMCA
criminalizes production and dissemination of technology, devices, or services
intended to circumvent measures that control access to copyrighted works under
Section 41 (“Technological Protection Measures and Rights Management
Information”). It also criminalizes the act of circumventing an access control,
whether or not there is actual infringement of copyright itself. In addition,
the DMCA heightens the penalties for copyright infringement on the Internet.
5. Indian Copyright Act and DRM: Indian
Copyright Act, 1957 has incorporated Section 65A which is titled “protection
against circumvention of technological measures”. Under this provision,
tampering with the DRM measures is a punishable offence. Circumvention can be
defined fairly broadly, encompassing decrypting, descrambling, avoiding,
bypassing, removing, deactivating, or impairing a digital lock.
6. Libraries and DRM: “Access to Information” is a
crucial factor for better literacy, economic growth, quality of life and the
development of democratic society. This is the reason for which different
copyright law have the provisions of fair use for libraries, archives, museums,
etc. Libraries provide access to digital
material through a variety of legal constructs; license agreements, exceptions
under national copyright law, legal deposit, national library and the public
domain. In case of printed books, the librarians can make a few copies for
archival purpose and can lend the books to the users.
In the
emergence of DRM, the danger for libraries is that DRM represents a significant
loss of control over purchased or procured materials by the libraries. DRM
measures restrict the scope of fair use possibilities for libraries and
academic community. If the libraries circumvented the technological measures
(such as encryption) used in the DRM it is a punishable offence, although it is
allowed as per fair use exceptions.
The second
danger is that libraries can be cut out of the picture altogether. As in the
case of DRM, the publisher can control the access of the resources so the big
companies like Apple or Amazon can one day think of weeding out the role of the
libraries from the picture.
7. Conclusion: Technology has long been
recognized as a key factor in enabling copyright violation. However, Digital
Rights Management software attempt to restrict copying. In future, DRM together
with internet may be used thoroughly for discovery and policing of copyright.
No doubt the DRM will give a direct benefit to the author and publisher of the
digital content. However, the DRM is a direct attack on the library’s role of
learning, teaching and research. Libraries are staffed by some of the most
resourceful and intelligent individuals in the world. It is the time to find
out the alternative of DRM or find a solution within the DRM for the libraries
with scope for fair use.
How to Cite this
Article?
APA Citation, 7th Ed.: Barman, B. (2020). A comprehensive book on Library and Information Science. New
Publications.
Chicago 16th Ed.: Barman, Badan. A Comprehensive Book on Library and Information Science. Guwahati:
New Publications, 2020.
MLA Citation 8th Ed: Barman, Badan. A Comprehensive Book on Library and Information Science. New
Publications, 2020.

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