The Digital Media Project

Source

GA06

Date:

2005/04/15

Title

Issues in mapping TRUs to the digital space

No.

0410/San Diego, CA

 

 

Issues in mapping TRUs to the digital space

 

 

Table of contents

 

1      Introduction

2      DMP-identified Traditional Rights and Usages

3      TRU #1 to quote

4      TRU #2 to make personal copy

5      TRU # 3 to space shift content

6      TRU # 4 to time shift content

7      TRU #5 to make playback device

8      TRU #6 to choose playback device

9      TRU #7 to use content whose copyright has expired

10        TRU #14 to edit for personal use

11        TRU 18 to apply a rating to a piece of content

12        TRU #19 of continued access

13        TRU #30 to freedom from monitoring

14        TRU #55 to access content in libraries

15        TRU #67 to make content creation device

16        TRU #69 to access content of one's choice

1          Introduction

The Digital Media Project (DMP) is a not-for-profit organisation registered in Geneva with the mission to “promote continuing successful development, deployment and use of Digital Media that respect the rights of creators and rights holders to exploit their works, the wish of end users to fully enjoy the benefits of Digital Media and the interests of various value-chain players to provide products and services, according to the principles laid down in the Digital Media Manifesto”.

 

DMP has identified “Interoperable Digital Rights Management (DRM)” as the technology whose deployment can further the goals stated in its Mission and has developed a work plan (dmp04144) whose current version foresees the development and publication of:

 

#

Type of document

Approved Document title

Phase I

Phase II

Phase III

1

Technical: Reference

Use Cases

2005/04

2005/10

TBD

2

Technical Reference

Architecture

2005/04

2005/10

TBD

3

Technical Specification

Interoperable DRM Platform

2005/04

2005/10

TBD

4

Technical Specification

Value-Chains

2005/04

2005/10

TBD

5

Technical Reference

Registration Authorities

2005/04

TBD

TBD

6

Technical Reference

Terminology

2005/04

TBD

TBD

7

Technical Specifications

Reference Software

2005/07

2006/01

TBD

8

Recommended Practices

End-to-End Conformance

2005/10

2006/04

TBD

 

In spite of the value DMP recognises to Interoperable DRM as the main digital media-enabling technology, DMP has noted that DRM has the potential to substantially alter the balance that has been in existence in the analogue world between different Users of Content, in particular when one of them is the End-User. If not appropriately remedied, this imbalance may lead to a significant reduction of the scope of Traditional Rights and Usages (TRU) of Users. A possible outcome is the outright rejection of the new technology on the part of some Users, in particular End-Users.

 

It should be noted that DMP is not claiming that an established TRU necessarily implies a right of a User to a particular Use of digital media but simply that, if Users have found a particular Use advantageous in the analogue domain they are probably interested to continue exercising that Use in the digital domain as well. Leveraging on this interest may provide opportunities for new “Digital Media Business Models” that are attractive to Users but are respectful of the rights of those who have created Works and produced valuable Content. DMP has identified a significant number of TRUs (DMP0270) and analysed their nature.

 

Therefore DMP plans to add technologies to its specifications to make the exercise of TRUs technically possible. However, even a summary analysis shows that many TRUs have a legislative/regulatory impact that needs to be addressed by proper authorities. Therefore DMP expects that individual jurisdictions will determine which TRUs shall mandatorily be supported by the Interoperable DRM Platforms operating under their jurisdiction and which TRUs can be left to private negotiations between Users, and also which conditions of use should be attached. This is a challenging task because it requires blending knowledge encompassing the legal, social and economic fields with in-depth knowledge of the highly sophisticated and unusual DRM technologies.

 

Acknowledging this hurdle DMP has, as part of its work plan, decided to develop and publish

 

#

 

Document title

Phase I

Phase II

Phase III

9

Recommended Action

Mapping of Traditional Rights and Usages to the digital space

2006/04

TBD

TBD

 

DMP considers the proper accommodation of TRUs in the digital space as a fundamental step to be made in order to make the deployment of DRM-enabled digital media successful. The TRU Recommended Action will provide for each TRU

 

1.      An indication of the type of support provided by IDP technologies to the TRU

2.      One or multiple scenarios enabled by IDP technologies indicating for each of these the possible measures and the impact of each scenario on the roles of the main Value-Chain Users affected.

 

DMP believes that such a document would greatly facilitate the adoption and deployment of Interoperable DRM systems based on DMP Specifications by helping specific legislative environments produce the most appropriate legislations or regulations.

 

This document can be seen a very preliminary draft of the TRU Recommended Action and contains in a nutshell the elements that will appear in the final document.

 

Note that words beginning with a capital letter are defined in Approved Document No. 6 – Technical Reference: Terminology (dmp0406).

 

Disclaimer

DMP makes explicit disclaimer that the scenarios described in this document do not represent the official view of DMP on how a specific TRU should be supported. The scenarios are simply provided for the purpose of stimulating a discussion and soliciting responses to the Call for Contributions.

 

2          DMP-identified Traditional Rights and Usages

In the list of DMP-identified TRUs the following acronyms are used

RH

:

Right Holder

MM

Middleman

EU

End-User

and the following categories adopted to classify TRUs.

A

:

Already-established legislative TRUs of content creators

B

:

Already-established legislative TRUs belonging to end-users

C

:

Commercial and remuneration TRUs of direct economic significance

D

:

TRUs related to general social liberties

E

:

Fundamental TRUs from historical practice and interaction with analogue media

F

:

Consumer-choice TRUs relevant to the high-tech environment


List of DMP-identified TRUs

 

#

Cat

TRU

RH

MM

EU

01

B

TRU to quote

 

 

X

02

E

TRU to make personal copy

 

 

X

03

D

TRU to space shift content

 

 

X

04

D

TRU to time shift content

 

 

X

05

F

TRU to make playback device

 

X

X

06

F

TRU to choose playback device

 

 

X

07

B

TRU to use content whose copyright has expired

X

X

X

08

D

TRU to communicate privately

 

 

X

09

D

TRU to publish content anonymously

X

 

 

10

D

TRU to use content anonymously

 

 

X

11

A

TRU of attribution

X

 

 

12

D

TRU of anonymity

X

 

 

13

E

TRU to annotate for personal use

 

 

X

14

E

TRU to edit for personal use

 

 

X

15

C

TRU not to be counterfeited

 

X

 

16

C

TRU that sales displays will follow acceptable practice

 

X

 

17

C

TRU to be ignorant of usage

 

X

 

18

E

TRU to apply a rating to a piece of content

 

X

 

19

D

TRU of continued access

 

 

X

20

D

TRU of political freedom

X

X

X

21

D

TRU of freedom of art

 

 

X

22

A

TRU to be recognized as the author (paternity)

X

 

 

23

A

TRU not to be miscredited as the author (misattribution)

X

 

 

24

A

TRU for the author's work not to be tampered with (integrity)

X

 

 

25

C

TRU of "First sale"/Personal loan

 

 

X

26

D

TRU to transcode

 

 

X

27

E

TRU to make prohibited content inaccessible

 

 

 

28

E

TRU to time based advertising

 

 

 

29

D

TRU to digital media rental

 

 

 

30

D

TRU to freedom from monitoring

 

 

X

31

F

TRU of reverse engineering

 

X

X

32

A

TRU of withdrawal/objection

X

 

 

33

B

TRU of fair use

 

 

X

34

A

TRU of reproduction

X

 

 

35

C

TRU of economic exploitation

X

 

 

36

A

TRU of distribution

X

 

 

37

C

TRU of contractual commerce

X

X

X

38

C

TRU of reciprocal protection

X

 

 

39

C

TRU of respect for sale royalties terms and conditions

X

 

 

40

C

TRU of respect for performance royalties terms and conditions

X

 

 

41

C

TRU of respect for resale royalties terms and conditions

X

 

 

42

C

TRU of equitable remuneration

X

 

 

43

A

TRU of reputation

X

 

 

44

C

TRU of reasonable modification

 

X

 

45

A

TRU of first publication/disclosure

X

 

 

46

A

TRU of parody

X

 

 

47

A

TRU of factual reporting

X

 

 

48

A

TRU to restrict access to unpublished material

X

 

 

49

A

TRU of lending

X

 

 

50

A

TRU of translation

X

 

 

51

C

TRU of regional pricing

 

X

 

52

B

TRU of unpublished recording

 

 

X

53

B

TRU of developing nations exception

 

 

X

54

B

TRU of copying for classroom instruction

 

 

X

55

B

TRU to access content in libraries

 

 

X

56

E

TRU of authenticity of content guaranteed

X

X

X

57

F

TRU to choose the service

X

 

X

58

F

TRU to choose the delivery system

X

 

X

59

A

TRU of moral rights

X

 

 

60

C

TRU of rental

X

 

 

61

A

TRU of communication to the public

X

 

 

62

A

TRU of applying technological access restrictions

X

 

 

63

E

TRU to distribute lower-resolution copies only

X

 

 

64

E

TRU to compel real-time only consumption

X

 

 

65

E

TRU to restrict place of use

X

 

 

66

E

TRU to restrict time of use

X

 

 

67

F

TRU to make content creation device

X

X

 

68

F

TRU to assign content description

X

X

 

69

F

TRU to access content of one's choice

 

 

X

70

F

TRU to run applications of one's choice

 

 

X

71

F

TRU to attach playback devices of one's choice to a network

 

 

X

72

F

TRU to access information about content

 

 

X

73

E

TRU to share content with members of a group

 

 

X

74

D

TRU to improve end-user experience

X

X

 

75

F

TRU to choose security

X

X

X

76

A

TRU to restrict adaptation

X

X

 

77

A

TRU to restrict performance

X

X

 

78

C

TRU contracting for middle-men to broadcast

X

X

 

79

C

TRU contracting for middle-men to publish

X

X

 

80

C

TRU contracting for middle-men to release

X

X

 

81

C

TRU contracting for middle-men to promote

X

X

 

82

E

TRU of adaptation

 

 

X

83

C

TRU of performance

 

 

X

84

A

TRU not to apply DRM to a piece of content

X

 

 

85

C

TRU to syndication

X

X

 

86

C

TRU to choose mode of economic compensation

X

X

 

87

A

TRU to determine context of use

X

X

 

88

E

TRU to make a print of a video scene (repurposing)

 

 

X

 

 

3       TRU #1 to quote

 

Nature of TRU

Right to reproduce limited portions of another author's work, for a variety of reasons, and in a variety of ways usually involving some attribution. Permission from the original author is not required, however exercise of the quote TRU exposes the quoting author to possible legal challenges.

Digital support

Scenario 1: Quote Content only, without notice

Description: legislative permission to quote text only, without notice, is the present state but would be extended to the conditional rights expressions of DMP Governed Content. Some permissions to quote in national legislation set consistent rules for quote-reproduction of photographs, patterns, diagrams, and other illustrations.

 

Scenario 2: Quote Content only, with notice

Description: The Device employed by a User to Quote a fragment of a Content Item would send a notification to an appropriately identified Rights Holder

User roles & benefits

 

 

4       TRU #2 to make personal copy

 

Nature of TRU

This mechanism allows certain acts that pertain to exclusive right of reproduction without requesting prior authorization.

Two factors are taken into account: the user (individual, some institutions) and/or the purpose of the use (education, non commercial…) to fall under the exception scope and avoid copyright infringement.

Digital support

Scenario 1: Backup copy

A file can be obtained with a License allowing the End-User to make a back-up copy. This is a copy that cannot be played as long as the original is Used. If, for whatever reason, the original file becomes useless, the End-User can Restore the copy.

User roles & benefits

 

 

5       TRU # 3 to space shift content

 

Nature of TRU

With albums, cassettes, CDs etc., end users with access to a device of the proper type have always been able to enjoy the content in the place they happen to be.

Digital support

Scenario 1: Obtain “space shift” License

End-Users can obtain a License to Use Content for a place of their choice.

Scenario 2: Content Use in a Domain

Domains can be geographically extended (e.g. summer house) and User may have the ability to Use Content within such Domains.

Approved Document No. 1 already contains Use Cases of how space-shifted Use of Content can be achieved.

User roles & benefits

 

 

6       TRU # 4 to time shift content

 

Nature of TRU

Since the advent of cassette recorders for use in the home, end-users have been able to record broadcast content to use at a later date

Digital support

Scenario 1: Obtain “time shift” License

End-Users can obtain a License to Use Content at a time of their choice..

User roles & benefits

 

 

7       TRU #5 to make playback device

 

Nature of TRU

The general rule of analogue media (also extended to some cases of digital media) is the ability by anybody to make a playback device because the technical specifications are openly available, even though a manufacturer may have to pay for the use of some proprietary technologies made available at RAND terms.

Digital support

Scenario 1: Manufacture Devices based on openly available specifications

The Device manufactured can be tested for Conformance by independent parties that check the ability of the Device to handle Governed Content at a specified level of robustness. Conformance testing could be done before the Device is used or at a later time on the request of an affected User.

User roles & benefits

Manufacturer: makes Devices according to openly available specifications.

Conformance Tester: checks proper implementation against openly available Conformance Testing Recommended Practices, including robustness to withstand attacks.

End User: can purchase Devices from multiple sources to Use Content from multiple sources.

 

8       TRU #6 to choose playback device

 

Nature of TRU

This is a consequence of the ability of multiple manufacturers to offer devices that can use content from multiple sources. The end-user may choose among different devices for accessing content and does not need different devices for content of the same type but from different sources.

Digital support

Scenario 1: Purchase Devices manufactured according to openly available specifications

User roles & benefits

End-Users can purchase Devices with which to Use Content from multiple sources.

See TRU No. 5

 

9       TRU #7 to use content whose copyright has expired

 

Nature of TRU

Even though different jurisdictions set different limits to the duration of copyright, time comes when the term of copyright protection ends and content falls to the public domain, i.e. anybody may do anything with the work - read it, copy it, republish it or change it.

Digital support

Scenario 1: Store Published Content in a Repository

Every time a new Content is Published a clear text copy of the Content is Stored in a Repository for open availability to anybody when the copyright of the Content has expired

User roles & benefits

Public Authorities: Enact appropriate legislation, e.g. including the terms of open availability of Content (e.g. as Governed but unprotected Content) once the copyright has expired.

End Users: Can Use Content according to Licenses while copyright holds and can freely Use Content when copyright has expired.

See also TRU #55

 

10  TRU #14 to edit for personal use

 

Nature of TRU

An end-user may edit, reorganise, mix or transform content as he chooses as long as the edited results are not (re)distributed.

Digital support

Scenario 1: Create Edited Content using Editing Devices

An End-User can create new (Edited) Content by referencing fragments of Governed Resources belonging to one or more Content Items.

A License may be required to Use the new Content so created, in particular if it is for Use outside a Domain.

Scenario 2: Sign Edited Content

An End-User can create new (Edited) Content by referencing fragments of Decrypted Governed Resources belonging to one or more Content Items. The Edited Content is signed with the Identity of the End-User before it can be Used.

User roles & benefits

 

 

11  TRU 18 to apply a rating to a piece of content

 

Nature of TRU

A user may apply and publish his assessment of a published content.

Digital support

Scenario 1: Apply ratings to Content, Resources and Fragments

A User can apply ratings to a Content Item, to its Resources individually and to Fragments of a Resource and Publish his ratings as a Content Item where the elements the ratings apply to are properly Identified.

A recipient of the rating may need Licenses to Use the Content Item expressing the rating.

User roles & benefits

 

 

12   TRU #19 of continued access

 

Nature of TRU

A user can use an audio or video cassette or disc as many times as he wants.

In order to make sure that this will continue to be possible in the future many end-users make back-up copies of the content they purchase.

Digital support

Scenario 1: License separate from Content

A User can obtain a License for Using a Content Item that is not Bundled within the Content.

User roles & benefits

End User: By buying a License separated from Content a User does not need to be concerned by the problem of backing up his Content because this can be obtained any time. The License may be tailored to suit different needs such as unlimited number of times, unlimited duration, Use on any Device, in any place etc.

See also TRU #2

 

13   TRU #30 to freedom from monitoring

 

Nature of TRU

A user can purchase and use content without being observed whilst doing so and without having one's usage recorded or tracked.

Digital support

Scenario 1: Obtain Content negotiating terms of Use Data use

Collection of data is intrinsic in any form of electronic distribution of digital Content. Technology could allow an End-User and a Retailer to negotiate what use the Retailer (and possibly other Users the Retailer is connected to) will make of the Use Data collected.

User roles & benefits

End User: can decide a personal trade-off between privacy and economic benefits in letting his Use Data to be used by other Users.

 

14   TRU #55 to access content in libraries

 

Nature of TRU

A user can draw a book from a public library at nominal or no cost and read it at will for a short, possibly renewable, period of time.

Digital support

Scenario 1: Focussed on-line access to Content

A Repository offers the following services

·        Content search services not driven by commercial criteria

·        Pointers to (Governed) Content offered by other (possibly commercial) sources

·        Governed Content

o       When no other source is available

o       When copyright has expired (see TRU #7)

o       When the Repositories hold the copyright.

Scenario 2: Digital support of copyright exceptions for libraries

Repositories can “lend” Governed Content by using copy-controlled check-out and check-in mechanisms for the borrowed Contents Items.

User roles & benefits

Public Authorities: enact appropriate legislation to enhance the social role of public libraries in the digital media era.

 

15   TRU #67 to make content creation device

 

Nature of TRU

A user can manufacture a device to create content. This may entail the use of proprietary technology. The technology that is used in the playback device at RAND terms is typically also licensed at the same terms for the content creation device. Other proprietary technologies that are not required in the playback device may not be obtainable at RAND termsto make a content creation device.

Digital support

Scenario 1: User can make Content Creation Devices

This scenario advocates the continuation of the current (analogue) situation. As Content will typically be released as Governed Content there is likely to be a need for Conformance Testing of Content Creation Devices.

User roles & benefits

 

 

16   TRU #69 to access content of one's choice

 

Nature of TRU

Users have the ability to access content that is published, not out-of-print and, in the case of broadcasting, in the appropriate time windows, not necessarily for free.

Digital support

Scenario 1: A User can Access for Use Content of his choice

This requires support of TRU #5 and #6.

User roles & benefits