Digital Rights Management - The End of Collecting Societies?
Christoph Beat Graber, Carlo Govoni, Michael Girsberger, Mira Nenova, Editors
Price: $70.00 255 pages. 1 Softcover Volume. Published December 2005.
ISBN-13: 978-1-57823-201-7 / ISBN-10: 1-57823-201-5
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Part One / Stocktaking and Background Analyses
- Holding Out for an Interoperable DRM Standard
By John Palfrey
1. Introduction
2. State Play in the Digital Music Space
2.1. Apple and its Competitors
2.2. The Many Possible Roles of DRM
2.3. The Problem with Seeking Interoperability among DRMs
2.4. The Problems that Would Remain with Interoperable DRMs
3. The European Commission and its DRM Stategy
3.1. The Commission's Public Position on DRM
3.2. A Critique of the Commission's DRM Competition Strategy
3.2.1. What's Good about the Commission's Strategy?
3.2.2. Why the Commission's Strategy Is Unlikey to Succeed
4. Conclusion: DRMs, Law-Makers, and Standard-Setters
4.1. The Future of Digital Media and DRMs
4.2. The Law-Maker and the Standard-Setter - The Evolving Role(s) of Copyright Collectives
By Daniel Gervais
Introduction
1. Part One
1.1. Challenges Faced by Collectives in the Face of Technological Change
1.1.1. A Brief History of Collective Management Societies
1.1.1.1. Early History
1.1.1.2. The Evolving Role of Copyright Collectives
1.1.2. Markets and Technological Change
1.1.2.1. The Changing Economic Rationale for Collective Management
1.1.2.2. Rationale for Collectives in the Digital Environment
1.1.2.3. Music on the Internet: New Competitors?
2. Part Two
2.1. Reinventing Collective Management
2.1.1. The Fragmentation of Rights Clearance Processes
2.1.2. Defragging the System
2.1.2.1. Technology
2.1.2.2. Extended Role for Extended Collective Licensing?
2.1.2.3. Combined Multiple Licenses Assessed by Component Use
2.1.2.4. Exemptions of Acts and Compulsory Licensing
2.1.2.5. Centralized Licensing Agents
2.1.2.6. Standard Form Contracts and Coalition
2.1.2.7. International Centralized Licensing Systems
3. Conclusion
- Rationales of Copyright and Collective Administration in the Information Society (comment)
By Adolf Dietz - DRMS Do Not Replace Collecting Societies (comment)
By Alfred Meyer
1. Introduction
2. The Current State of Development of DRM
3. Ownership in Works and Performance
4. Tasks of Collecting Societies which DRMS Cannot Take Over
5. Interface between DRMS and CMS
6. DRMS and Levies
6.1. In General
6.2. Tariffs for Levies on Recording Equipment
6.3. Tariffs for Levies on Recording Media
7. Distribution of Blank Media Remuneration vs. Copy-Protected Carriers
8. The Legal Protection of Technical Protection Measures (TMP) and Free Flow of Information
9. The Right Owners' Attitude
10. Conclusion - Copyright and Access- a Human Rights Perspective
By Christoph Beat Graber
1. Introduction
2. Copyright v. Access as a Conflict of Human Rights
2.1. The Human Rights Basis of Copyright
2.2. The Human Rights Basis of Access to Cultural Information
2.3. Interim Findings
3. The Conflict between Copyright and Freedom of Expression in European Case Law
3.1. Jurisprudence of the Strasbourg Institutions
3.2. Recent Development in Selected National Jurisdictions
3.2.1. Germany
3.2.2. France
3.2.3. Austria
4. Consequences for the Tension between Copyright and Freedom of Expression in the Digital Environment
5. The Future of Collecting Societies from a Human Rights Perspective
6. Conclusions and Recommendations
- Access Control or Freedom of Acces? (comment)
By Jacques de Werra
1. Introduction
2. Moving from Copyright to Access Right
3. Potential Solutions for Granting Access to Content
4. Collecting Societies and DRMs
- Competition Law Aspects of Digital and Collective Rights Managment Systems
By Dorothea Senn
1. Introduction
1.1. Developments in the Field of Copyright Management
1.2. The Competition Law Perspective
2. Competition Law Issues Arising out of Collective and Digital Rights Management Systems
2.1. Horizontal Agreements
2.1.1. Collective Rights Management
2.1.2. The Online World: Simulcasting
2.1.3. Further Developments
2.2. Vertical Agreements
2.2.1. The Issue of Common Market Integration
2.2.2. Rights Management through DRM: Is There a Gap?
2.3. Abuse of a Dominant Position
2.3.1. National Monopolies of Collecting Societies
2.3.2. Copyright Protected Works as Essential Facilities
2.3.3. On the Worldwide Market: Microsoft
2.3.3.1. Refusal to Supply Specifications
2.3.3.2. Tying of WWP to the Windows Operating System
2.3.3.3. Conclusions on Microsoft
3. Conclusions - Transposing the Copyright Directive: Legal Protection of Technological Measures in EU Member States: A Genie Stuck in the Bottle?
By Urs Gasser and Michael Girsberger
1. Introduction
2. How the Genie Got in the Bottle
2.1. The WIPO Treaties
2.2. European Union: Current State of the EUCD Implementation
3. Overview of Articles 6 and 7 EUCD
3.1. The Act of Circumvention, the Devices and the Definition of TPM in the EUCD
3.2. The Relation between Protection of Technological Measures and Exceptions to Copyright
3.3. Sanctions and Remedies
4. Country-Specific Analysis
4.1. Problems Related to the Definition of TPM
4.1.1. Germany
4.1.2. Denmark
4.1.3. United Kingdom
4.1.4. Hungary
4.1.5. The Netherlands
4.1.6. Conclusion
4.2. Relation and Interaction between TPM and Exceptions to Copyright
4.2.1. Ireland
4.2.2. United Kingdom
4.2.3. Denmark
4.2.4. Greece
4.2.5. Austria
4.2.6. The Netherlands
4.2.7. Conclusion
4.3. Approaches to Sanctions and Remedies
4.3.1. Greece
4.3.2. Germany
4.3.3. United Kingdom
4.3.4. Denmark
4.3.5. Conclusion
5. Closing Remarks
Part Two / Podium Discussions
- Implementation of the EU Copyright Directive's Provisions on DRM/Technical Protection Measures (national perspectives)
Report by Catherine Mettraux Kauthen - Implementation of WCT and WPPT Provisions on DRM/Technical Protection Measures in Switzerland
Report by Catherin Mettraux Kauthen
Annexes
- Directive 2001/29/EC of the European Parliament and of the Council on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167/10, 22.06.2001)
- WIPO Copyright Treaty
- WIPO Performances and Phonograms Treaty
- Contributors' Biographical Sketches