From technical protection measures to creative commons

Digital disposition of a work: from technical protection measures to Creative Commons

4th International Conference on Information Law

Law neutrality over

technology

Digitalized creations

Flexibl

e rules

online

?

TECHNICAL PROTECTION MEASURES

“…the answer to the machine is the machine…”

Charles Clark

Technical protection measures are nothing more than the “lost morality” of the user

TYPOLOGY

classification according to the function of each TPM

a) Controlled access

Region coding

b) Controlled uses

c) identification measures

ARE THEY LEGAL?

•WIPO Copyright Treaty•WIPO Performances and Phonograms Treaty

•Directive 2001/29/EC•Digital Millennium Copyright Act

EFFECTIVEInfallibility is not a criterion of effectiveness

Test of Helsinki District Court

CONTROVERSIAL ISSUES

Mulholland drive

case

Not a marketing option

Exceptions introduced in copyright laws

“Jailbreaking”

REGION CODING

Is the copyright industry getting in its own way?

TPM

INTERNETCOPYRIGHT

SECURITYREMUNERATION

authors

“..to stimulate another practice of copyright in order to provide a different image than that of a system which restrains creation and access to works”

Article 4a) of the licenses: “When you distribute or publicly perform the work you may not impose any

effective technological

measures on the work that restrict the ability of a recipient of the work

from you to exercise the rights granted to that recipient under the

terms of the License”

SO

Encryption or access limitation is

accepted by the CC licenses as long as their

implementation does not prevent the recipient form

exercising any right granted by

the licenses

Parallel distribution

METADATA

European Copyright Directive:

“…rights-holders should be encouraged to use markings…”

SEARCH ENGINES

Collecting societies to

collaborate with

creative commons?

“…to build a reasonable, flexible copyright in the face of increasingly default rules”

“coercion does not ensure compliance”

traditional copyright industry

open movement

THANK YOU!

any

questions?

ALEXANDRA GIANNOPOULOUalex.giannopoulou@gmail.com

INFORMATION

•All images from www.flickr.com

•Image & licensing info in the notes section of slides

•Presentation licensed: Creative Commons BY-NC-SA

•The presentation is available online: http://www.slideshare.net/alex_giannopoulou www.prezi.com