Abstract

http://ssrn.com/abstract=885371
 
 

Citations (3)



 


 



Digital Rights Management and the Process of Fair Use


Timothy K. Armstrong


University of Cincinnati College of Law


Harvard Journal of Law & Technology, Vol. 20, p. 49, Fall 2006
U of Cincinnati Public Law Research Paper No. 07-10

Abstract:     
Producers of digital media works increasingly employ technological protection measures, commonly referred to as "digital rights management" (or "DRM") technologies, that prevent the works from being accessed or used except upon conditions the producers themselves specify. These technologies have come under criticism for interfering with the rights users enjoy under copyright law, including the right to engage in fair uses of the DRM-protected works. Most DRM mechanisms are not engineered to include exceptions for fair use, and user circumvention of the DRM may violate the Digital Millennium Copyright Act even if the use for which the circumvention occurs is itself noninfringing.

The academic literature on fair use in digital media has suggested several possible ways to resolve the tension between fair use on the one hand and DRM on the other. Among the more provocative possibilities is that DRM technologies themselves may evolve to incorporate greater built-in protections for end-user rights. This article examines several such proposals and finds that they are not likely to provide users with the same measure of protections for fair use of copyrighted works that exists in the offline world. The failure of these proposals, however, does not suggest that the broader goal of protecting fair use rights in digital media is unattainable. It is possible to advance much more closely towards that goal by altering the design philosophy of DRM technologies to focus more on the processes by which fair uses occur and less on attempting to replicate the substantive law of fair use in machine-administrable form. The article concludes by outlining one possible system engineered to protect the process of fair use.

Number of Pages in PDF File: 73

Keywords: intellectual property, copyright, fair use, DRM, TPM, digital rights management, technological protection measures, DMCA, digital millennium copyright act

JEL Classification: K39, O34

Accepted Paper Series


Download This Paper

Date posted: February 28, 2006  

Suggested Citation

Armstrong, Timothy K., Digital Rights Management and the Process of Fair Use. Harvard Journal of Law & Technology, Vol. 20, p. 49, Fall 2006; U of Cincinnati Public Law Research Paper No. 07-10. Available at SSRN: http://ssrn.com/abstract=885371

Contact Information

Timothy K. Armstrong (Contact Author)
University of Cincinnati College of Law ( email )
P.O. Box 210040
Cincinnati, OH 45221-0040
United States

Feedback to SSRN


Paper statistics
Abstract Views: 11,531
Downloads: 1,815
Download Rank: 4,111
Citations:  3
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.219 seconds