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Intellectual Property Rights in Digital Media: A Comparative Analysis of Legal Protection, Technological Measures and New Business Models Under E.U. And U.S. Law

83 Pages Posted: 28 Feb 2006  

Nicola Lucchi

Jönköping International Business School; Università di Ferrara - Dipartimento di Giurisprudenza; Catholic University of Louvain

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Abstract

The production of digital content is a phenomenon which has completely changed the conditions of access to knowledge. Within this framework it becomes even more important to find and to formulate a new settlement for intellectual property rights balancing contrasted rights. Owners of the old technology and policy makers have found two different solutions and remedies for intellectual property rights: legal and technological. When both remedies work together any rights that a consumer may have under copyright law could be replaced by a unilaterally defined contractual term and condition. To balance this inequity this article analyses different solutions under U.S. and E.U. law, with particular attention paid to the relationship between contract law and copyright law. Ultimately this article suggests seeing technological protection measures as a souped-up standard form contract, and demonstrates how some business models are able to solve the problem of safe diffusion of digital media.

Keywords: digital media, copyright, intellectual property, enforcement, digital rights management, technological protection meausures, european law

JEL Classification: O34, K19

Suggested Citation

Lucchi, Nicola, Intellectual Property Rights in Digital Media: A Comparative Analysis of Legal Protection, Technological Measures and New Business Models Under E.U. And U.S. Law. Buffalo Law Review, Vol. 53, No. 4, Fall 2005. Available at SSRN: https://ssrn.com/abstract=723321

Nicola Lucchi (Contact Author)

Jönköping International Business School ( email )

Gjuterigatan 5
Jönköping, 55111
Sweden

HOME PAGE: http://https://jibs.academia.edu/NicolaLucchi

Università di Ferrara - Dipartimento di Giurisprudenza ( email )

C.so Ercole I d'Este 37
Ferrara, 44121
Italy
+39 0532 455614 (Phone)
+30 0532 455614 (Fax)

HOME PAGE: http://www.unife.it/igm

Catholic University of Louvain ( email )

Pl. Montesquieu, 2
Louvain-la-Neuve, B-1348
Belgium

HOME PAGE: http://www.uclouvain.be/nicola.lucchi

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