Open Access Research Article
THE PROTECTOR OF CREATIVITY AND INNOVATION - DIGITAL RIGHTS MANAGEMENT
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Article Details
THE PROTECTOR OF CREATIVITY AND INNOVATION - DIGITAL
RIGHTS MANAGEMENT
AUTHORED BY - HARI SHANKAR SINGH
ABSTRACT
The
introduction of the Digital Rights management system marked the emergence of a
new approach towards the Digital content uploaded on the cyberspace. The sole
purpose behind the adoption of this new approach was to make sure that the
rights of the content creator and the rights of the society are safeguarded and
balanced. This system protects the various right that the content creator has
including the right to protection against the unauthorized access and
distribution of the content, right to protection against the act of pirating
the content by any third party etc. This paper has dealt with the multifaceted
nature of the said system.
This
paper has tried to explain what DRM really is and how it operates in the
cyberspace. There are various steps that are involved in the operation of the
DRM system, these steps are also discussed in this paper. This paper has also
shed light on the objectives for which this system was introduced. With the
advancement of technology, the use of the DRM system has been increased by
various industries including the music and entertainment industries, software
companies and other corporate offices.
The
benefits as well as the challenges of the DRM system are also discussed in this
paper. This paper has also discussed about the legal support to the DRM system
along with the question regarding the disruption of the balance between the
rights of the content creator and the rights of the society with respect to the
content on the cyberspace.
After
coming across the challenges that the DRM system face, suggestions for
overcoming the challenges have also been mentioned.
KEYWORDS
·
Digital rights management
·
DRM
·
History of DRM
·
Digital watermarking
·
Challenges of DRM
·
Copyrights
·
Fair use
1.
INTRODUCTION
In
the current era, where the technological development is constantly on the rise,
the market for digital content creation has also emerged as a profession. As
the digital content creation has emerged as an employment option, people from
different background has started exploring the ambit of digital content
creation. The advancement of technology has provided the individuals the
freedom to express their ideas and present the same in front of other people as
a mode of expression. A content worthy of generating profits to the creators
requires innovation and creativity. The advancement of the technology has
allowed a lot of the individuals to make their career in the field of content
creation.
Just
like Every professional employees have some rights with regard to their
employment, the field of content creation too felt the need to safeguard the
rights of the creators. Amongst others challenges that the digital content
creators Faces, one of the very prominent challenges that they face or suffer
from is the unauthorizes use of their content by any third party. In order to
prevent this from happening, various methods like copyright and DRM have been
introduced. It acts as a reward for the digital content creators and these
methods protect the work of the creators from being used or exploited by any
third person for income generation.
The
content creators Authorizes some of the users to get the access to their
content under a contractual agreement in exchange of some compensation and in
accordance to certain terms and conditions of the creator. But the advancement
of the technology has made it very for the third parties to get the access of
the contents without the permission of the owner and made the content present
of various other places for the normal public to access without consenting to
pay any amount or consenting to any terms and condition of the owner. This
Phenomena is also called as piracy.
The
act of piracy poses a threat on the profitability and the viability of the
content. In order to keep an eye on the copies that are being made and to get
the content creator their fair share for the duplication of their content,
there are certain business models that carry out functions like these on behalf
of the content creators. The method of copyright protects the duplication of
the product in the offline world whereas methods like DRM protects the
duplication of the content in the virtual world.
DRM
provides various technological tools which are designed for the digital media
publishers so that they can control any sorts of duplications and circulation
of any the content of any creator. As the content is continuously being
digitalized, the reliance of the creators along with the rightsholders and the
intermediaries are increasing which as a result is influencing the traditional
means of licensing intellectual property rights. DRM systems automates the
licensing process and enforce the rights of the owner of the content in the
digital environment.
2.
WHAT
IS DRM?[1]
DRM
which also means digital rights management refers to the systematic approach
used for the purpose of protecting the copyrighted digital content which has
been made available in the cyberspace. Hence we can say that DRM is uses the
technological tools which are designed for facilitating the management of the
rights of the owner of the digital content in the cyberspace. In simple words,
we can infer that DRM manages the access and the control of the copyrighted
material. It takes the control of the digital content away from the owner and
providing it to the computer program.
The
digital content often gets duplicated by any third party and is circulated
without the permission of the owner and this act damages the income generation
capability of the digital content in the cyberspace, the DRM prevents this act
of piracy so that the rights of the owner can be protected.
DIGITAL
ASSETS MANAGEMENT {DAM}is also an essential element in the DRM as it helps the
businesses to store, organize, retrieve and share its content in its assets
library.
DRM
system has become very much relevant and the dependency on it has increased
since the digital content creation is taken up as a profession by many
individuals. It is also necessary for various organizations as it allows the
organizations to know whether they have the right to use an asset and to what
extent they can make use of the asset without getting a lawsuit against them.
DRM systems are majorly used by the musicians, moviemakers and other content
creators as a way to control the usage of their content in a certain manner and
by any unauthorized individual.
The
roots of the DRM can be traced back to the 20th century when the
emergence of the digital media posed a challenge for the content creators and
distributers as their copyrighted content was getting pirated by the third
parties which hampered the income generation capabilities of the said content.
DRM was brought up as a response against the concerns and challenges of
copyright infringement and unauthorized distribution in the cyberspace.
The
history of the DRM is marked with the development of the first copy protected
systems in the 1980s. Secure digital music initiative {SDMI} introduced as a
collaborative efforts between the various major music companies and technology
firms for the purpose of laying down the standard for the secure distribution
of the digital music was adopted by the recoding industry. Earlier the digital
media used to be transferred from one person to another or from one system to
another in the CD/DVD format. As this format gained a lot of popularity,
various methods of infringing the content transferred or pirating the content
erupted. Hence the content creators started looking for the techniques to
protect their content from getting stolen by the unauthorized users. Some of
the companies started using simple encryption techniques in order to protect
the data from getting stolen.
Then
as the music industry grew and companies realized the potential of the music
industry with regard to the revenue generation, companies like Apple brought in
the system where the users had to pay a certain amount in order to get the song
they want. In response to this system the third Parties users came up with
techniques to breach this system and make unauthorized distribution. This leads
to companies like Apple started making use of the DRM system with the intention
of protecting the premium content from getting distributed without their
permission to trap the income generation capability of the content.
With
the advancement of technology, other contents like books, movies etc also
started getting uploaded by the owners of the content on the cyberspace because
of the wide reach that the cyberspace can provide to the content. With the
introduction of these content on the cyberspace, DRM system expanded its reach
over these content as well.
The
DRM system also faced the backlash from users and advocacy groups because of
its very strict implications. This event led to the companies using DRM system
to move towards more flexible approach like companies allowing the users to
access the content on various multiple devices.
The
DRM system in the current era has been evolving in accordance with
technological advancement and the need of the consumers. Methods like
encryption, watermark and other digital content.
4.
HOW
DOES DRM WORK?[3]
The
owner of the digital content gets their content copyrighted so that any other
individual, company or any organization does make use their content without
their permission. Still the third parties make use of some methods in order to
get the unauthorized access of the content and they pirate it which leads to
the content’s income generation capability getting hampered. Hence in order to
keep these activities in check, DRM is used. DRM monitors the web to catch any
sort of illegal activities happening with regard to the said content. DRM
system creates barriers in order to prevent the content from getting stolen.
The
tools that DRM system makes use of operates through computer codes embedded in
the digital content and encryption for limiting the access and the use of the
digital content. These tools are also used for controlling the number of times
the content can be accessed by any individual or on any device, for setting an
expiration date on the content, for establishing the ownership and tracking the
content usage. These tools are can also be used for preventing the user from
taking any screenshots of the digital content. These tools can also be used to
decide whether the user has the power to edit, print, share or save the said
content. The access of the content can also be restricted on the basis of the
said IP address, location or device.
DRM
basically protects the content from getting pirated by any third person by
using the code embedded in the digital content that will only be read by
devices or software which will have the key to unlock it. Along with this
authority, the DRM also has the authority to decide who will have the
permission to the said content and to which extent.
The
steps that are followed in the working of the DRM system are:-
Step
1:-
when the owner of the digital content uploads the content on a particular
platform through his IP address, the content gets a specific encryption key
from the DRM provider and the same gets uploaded in the DRM platform.
Step
2:-
After the encryption key gets generated, the key along with the other necessary
metadata are sent to a license server for distribution.
Step
3:-
when the file gets uploaded to the platform of the publisher, the encrypted
version gets packaged and sent.
Step
4:-
when the user tries to access the content, a request for accessing the said
content is sent on the proxy of the owner of the said content. The request Is
sent for verifying with the owner whether the individual requesting to access
the content has the right to access the said content or not.
Step
5:-
if it is validated by the copyright holder that the person requesting has the
right to access the said content, the DRM platform sends the decryption key to
let the user access the content.
5.
OBJECTIVES
OF DRM[4]
The
primary objective behind the establishment of the digital rights management
{DRM}is to prevent the threat of piracy of the digital content which are
present in the cyberspace and to protect the rights of the owner of the
content. Apart from these objectives, there are several other objectives which
are mentioned below:-
a) To
prevent the unauthorized distribution of the paid content on the cyberspace.
b) To
establish a set of business rules regarding the usage of the content protected
by the copyright law.
c) To
decide as to how long the user has the right to access the content.
d) To
decide in how many devices the user can access the content.
e) To
protect the revenue streams of the content.
f) To
facilitate the distribution and the licensing of the content.
g) To
prevent the users from downloading and modifying the content without the
permission of the owner.
h) To
track the usage of the content.
6.
BENEFITS
ASSOCIATED WITH DRM[5]
A
vast variety of benefits are associated with the DRM system which not only
tackles the challenges but also provide a sense of security to the owner of the
content with respect to the content. Some of the benefits are listed below:-
a) Monitors
unauthorized use:- DRM system makes sure that the user is using the content in
accordance with the licensing information that sets the rules and the standard
with regard to the usage of the content. The licensing information also lays
down the standard for the duration and the number of devices in which the
content could be accessed.
b) Protects
the confidential data:- DRM system is also very much beneficial to the business
as it protects the confidential data of the business and allow only those
individual who are entitled to have the access of the confidential document.
c) Secures
the revenue generation capability of the content:- DRM system makes sure that
the exclusive content which requires the individuals to provide some sort of
consideration back to the owner of the content, are only capable of accessing
the content that too after the consideration have been provided to the owner.
d) Maintains
the exclusivity of the content:- DRM system makes sure that the content which
is made with the intention of keeping it exclusive to a certain platform does
not get pirated by any third party as piracy will hamper the revenue generation
capability of the content.
e) Facilitates
the content distribution and production:- DRM system makes sure that the
content is distributed in accordance with the terms and condition made by the
organization having the ownership of the content or the direct owner of the
content.
f) Creates
awareness regarding the copyright provisions:- DRM system creates awareness
amongst the individuals regarding the provisions mentioned under the copyright
laws with regard to the content uploaded on the cyberspace.
g) Preserve
the rights of the Owner:- It preserves the rights of the owner of the content
by preventing the unauthorized users from editing, accessing, copying and
sharing the content.
7.
USAGE
OF DRM IN DIFFERENT SECTOR[6]
All
those sectors which involves the creation, distribution, sharing and storing
the digital content uploaded on the cyberspace requires a system to protect the
data provided to the user as well as the right of the owner of the content by
preventing the third parties from unauthorizedly accessing the digital media.
DRM system provides the protection to the content uploaded on the cyberspace
platform. There are various industries which make use of the DRM system in
order to safeguard their users and the creators right. Some of the industries
making use of the DRM system are listed below:-
a) CORPORATE DATA PROTECTION:-
The companies work on the basis of the data which is either provided to them or
collected by them hence the data is very much important for their functioning.
Data is also something that helps them in staying ahead of their competitions.
The companies contain sensitive document that needs protection and the
companies make use of the DRM system to protect that sensitive data from being
accessed by the unauthorized users as DRM system allows only specific users or
group of users to access the data.
b) SOFTWARE INDUSTRY:-
The software industry make use of the DRM to prevent the parties who are not
provided the right to access the paid software from accessing it through unfair
and unauthorized means. The software industry makes use of the activation key
and online authentication to verify the legitimacy of the user.
c) GAMING INDUSTRY:-
The gaming industry make use of the license validation methods and the
activation keys for the purpose of verifying whether the person accessing the
content has the right to access the content or not. DRM system provides these
techniques for the purpose protecting the paid or licensed games from
unauthorized access.
d) ENTERTAINMENT INDUSTRY:-
Media houses and the entertainment companies create content for the general
public but the general public has to pay a certain amount to get the access of
the said content. Other than this method, the media houses provide access to
the streaming platforms to screen their content on their platform while
maintaining the revenue system and the copyright compliance.
e) HEALTHCARE INDUSTRY:-
The healthcare industry contain the sensitive data regarding their customers.
DRM system provides the protection of the medical records of the patients along
with the patients history in order to protect the privacy of their patients.
f) EDUCATION INDUSTRY:-
Digital publications are also pirated on a very large scale. In order to
protect the digital publications from getting pirated by the third parties
which will hamper the distribution of the published content, DRM systems are
brought into picture. DRM system make use of various technique like
watermarking for the purpose of protecting the publication from unauthorised
distribution.
8.
CHALLENGES
REGARDING THE USAGE OF DRM[7]
Despite
of all the benefits that the DRM system provide with respect of the content
uploaded on the cyberspace. DRM system poses some challenges to the users with
respect to the usage of the DRM system. DRM system has to maintain a balance
between legal, economic, technological and other social factors in order to fulfil
its purpose of providing protection to the content. Some of the challenges that
the DRM system faces are mentioned below:-
a) Interoperability:-
Compatibility is a very important factor for proper working of the DRM system.
If there are compatibility issues between the DRM system and the platforms then
in that case the choice of the user gets limited. This issue results in users
facing difficulties in accessing and transferring the data and the content
across those devices which are incompatible with the DRM system.
b) Complexities
in Usage:- Imposing way too many restrictions and terms and conditions can make
it complex for the users to access the data properly. Unnecessary complexities
can lead to the user being unsatisfied.
c) Legal
and regulatory Compliance:- In order for the DRM system to work properly, there
are certain legal and regulatory requirements like copyright laws and consumer
protection laws. Keeping up with these provisions can be challenging for the
DRM system especially in the global cyberspace with varying legal requirements.
d) Data
collection:- DRM systems collect data regarding the individuals making use of
the system in order to make the more user centric. Users are sometimes hesitant
in sharing their information. This process of data collection poses the threat
on privacy and security of the user.
e) Continuous
development:- DRM system has to continually keep on adapting to the evolving
technologies and the demands of the consumers. Constant change in the
technological base can pose a very big challenge to the DRM system as the
enforcement will become difficult.
f) Balancing
rights and Responsibilities:- The DRM system has always been pointed fingers at
regarding the protection of the intellectual property rights and the right of
the individuals with respect to accessing the content. it poses a fundamental
duty for the DRM system to maintain a balance between the rights and the
responsibilities. It should brought in provision which are not of the violative
nature and against the rights which are provided to the users.
g) Security
Concerns:- As we know that the DRM system collects the data of the users for making
the environment of the system user friendly, any vulnerability in the security
system of the DRM can lead to the sensitive information collected by the DRM
system getting leaked.
9.
LEGAL
ASPECT REGARDING THE DRM[8]
As
we know that the DRM system is being used by various industries on a very large
scale for protecting the copyrighted content from getting pirated, the threat
of this mechanism being circumvented has also increased. The increase in the
threat of the process of circumvention has led to the drafting of certain
provisions and treaties for the purpose of preventing the act of circumvention.
a)
WORLD
INTELLECTUAL PROPERTY ORGANIZATION
Article
11 of the WIPO copyright treaty [WCT] states that the contracting parties shall
offer adequate legal protection and effective legal remedies against the
circumvention of effective technological measures that are used by authors in
connection with the exercise of their rights under this treat or the Berne
convention and that restricts acts in respect of their works, which are neither
permitted by the law nor by the author.
Article
18 in the WIPO performance and Phonograms Treaty {WPPT}, states that the
contracting parties shall provide appropriate legal protection and effective
legal remedies against the act of circumvention of the technological measures
used by performers or producers of phonograms in connections with respect of
their rights under the saidTreaty and that restrict acts, in respect of their
performance or phonograms, which are neither authorized by the
performer/producer not by the law.
Both
the Articles mentioned above has stated the same thing that legal protection
with the effective legal remedies should be provided against the Act of
circumvention of the technological measure used by the holder of the right for
the purpose of protecting their right.
b)
EUROPEAN
UNION LEGISLATION
The
European Union adopted the DRM concept in 2001 in its directive of May 22. It
was adopted for the purpose of transposing the obligations mentioned in the
WIPO treaties into the European community’s legal structure. The whole concept
of DRM was adopted in Article 6 under the title “obligations as to
technological measures” and in Article 7 under the head “obligations concerning
the rights management information”.
Apart
from the Above Mentioned Article of the Copyright Directives, there is another
legal regime that was established by the Conditional Access Directive, which
applies only to the radios and the televisions.
The
Copyright Directives tries to harmonize the laws regarding the copyright and
related right among the member states by setting specifics objectives for the
establishment of an internal market while avoiding the distortion of
competition.
Article
6[3] of the copyright directive defines the DRM concept as the “Effective
technological measure”. The DRM system can claim protection under the article
6{3} only in the cases where they contain the control access measures regarding
the digital material. The DRM system protects the digital content in a specific
architecture. And In article 7{2} of the copyright directive, which covers the
head “right management information”, the owner of the digital content has to
provide relative information regarding the content for the purpose of
identification. The information consists of the means of the identification and
the term and condition for the usage of the content in the cyberspace.
c)
INDIAN
LEGISLATION
The
Anti-circumvention provision in Indian legislation has been laid down in
section 65A and 65B of the copyright act, 1957. The technological protection
measure which are used by the copyright holders for the purpose of protecting
their copyrighted work is protected under section 65A.
The
provisions relating to the Anti circumvention was introduced by the U.S.
legislation through the DMCA in the year 1998. These provisions restricted the
circumvention of the access control measures. The copy control measures was
prohibited because copying the work can be carried out in the pretext of fair
use under appropriate circumstances. The DMCA in addition to criminal remedies,
also provide for a civil right of action. The person who incurred damages and
injury due to the circumvention of the technological measures can seek monetary
damages against the offender in the U.S. federal court. The Indian legislation
is a bit different from the DMCA as the copyright laws of India only provides
the criminal remedies and not the civil rights of action to the copyright
holder.
The
punishment for removing or altering the rights management information without
the permission or authority and knowingly distributing the altered work of any
person is punishable under section 65B. Knowledge of the said alteration in the
copyrighted work while disseminating the said content by the third party is an
important essential for this section to punish an individual.
10. BALANCE BETWEEN THE SOCIETY’S INTEREST AND CREATOR’S
INTEREST[9]
The
provision of the copyright was introduced for protecting the right of the
creator with respect to the content uploaded on the cyberspace. The author has
an exclusive right with respect to the benefits generated from the content and
the copyright provision protects that exclusive right. In simpler words, the
copyright provision prevents the content from getting stolen.
Section
51 of the Indian copyrights act, 1957 deals with the provisions regarding the
infringement of the copyright and Section 52 deals with the acts that will not
amount to infringement of the copyright. The rights under section 51 of the
Indian copyrights act, 1957 remains with the author even after the content has
been assigned to some other third party. The exclusive rights which are
provided to the authors under the Indian copyright act, 1957 has been expanded
because of the working of the DRM system. The DRM system has disrupted the
balance between the rights of public and the rights of the authors.
The
interest of the public under the copyright law can be extracted from the
directive principles of the state policy under part IV of the constitution of
India. It directs the state to promote the welfare of the people and ensure the
proper functioning of all the institution of the national life. It also
contains the provisions which directs the state to form policies towards
securing the ownership and control of the material resources.
There
are certain limitations with respect to the right to freedom of speech and
expression which is guaranteed under Article 19[1][a] of the Indian
constitution. This fundamental right cannot be exercised without limitations.
These limitations consist of the those mentioned under the Article 19[2]. Under
the constitution of India, the states are obliged to make laws by the keeping
the principle of common good and ownership in mind. The Rights of both the
author and the society is protected. No party has the authority to get the
benefit by violating the rights of the other person. No law can violate the
freedom of speech and expression under Article 19[1][a] which is a fundamental
right provided to every citizen of the country by the constitution of India.
The
use of the DRM system has increased a lot due to the rapid technological
advancement. Increase in the usage of the system has led to the system through
various types of situations which has reflected the shortcomings of the said
system. The DRM system has some space for improvement. Some of the suggestion
are mentioned below:-
a) Transparent
policies:- The DRM system should provide proper information regarding the
restrictions, usage and storing of the content. The terms and conditions should
be presented in a transparent manner so that it does not lead to some sort of
ambiguity in mind of the user.
b) Data
Privacy:- An improved and more robust Data privacy protection should be
introduced for the purpose of protecting the Data of the users collected by the
DRM system in the course of the operations.
c) User
friendly:- The interface and the functioning of the DRM system should be more
user friendly so that the user does not get confused and could make the most of
this system.
d) Cross
platform Compatibility:- The DRM system should be improved in the term of
compatibility. It should be made for flexible so that the users can maximize
the accessibility of the said system. One of problem that the users often face
is the restriction on the devices in which the content can be accessed,
improving the system in this sense can solve this problem.
e) Adaptive
security measures:- As the technology is continuously evolving, the threat to
the unauthorized access to the content is also increasing. Therefore the DRM
system should be designed in such a manner that the right of the creator does
not get violated and the DRM system could keep up with the evolving technology.
f) Raise
Awareness:- Various initiative should be taken in order to raise proper
awareness regarding the use and the working of the DRM system. The users should
know about the functions and the framework of the said system. These
initiatives might help in clearing all sorts of ambiguities regarding the DRM
system.
12. CONCLUSION
Digital
rights management [DRM] is a system which was introduced for the purpose of
protecting the copyrighted content uploaded on the cyberspace. The unauthorized
access to the exclusive content uploaded on the cyberspace started violating
the rights of the creator. This unauthorized distribution of the content
hampers the income generating capability of the content. Certain contents are
exclusive and require something as a consideration for the purpose of getting
the access, hence this act of unauthorize distribution of the content poses a
sense of unfairness in the minds of the individual who have paid the required
consideration to the organization or the creator for the purpose of getting the
access of the content. This system of digital right management has been started
using by many industries and companies, for example-software and gaming
companies.
This
system works in phases and uses many different techniques for the purpose of
protecting the rights of the creator. some of the techniques used consist of
watermarking, encryption codes and licensing etc. This system not only prevents
the third parties from getting the access of the content without the permission
of the right holder but also prevents the content from getting duplicated and
modified. This system has many benefits due to which the usage of this system
has been increasing day by day.
The
legal framework of this system has been laid down in WIPO copyright treaty and
WIPO performance and phonograms treaty. Certain provision with to the said
system has also been mentioned by the Indian legislation in the section 65A and
65B of the copyrights act, 1957. Despite of the benefits provided by the
system, there are still some challenges posed because of the working of this
system. Among the other challenges, one of the major challenges is the disruption
in the balance of the right of the society and the rights of the creators.
For
the purpose of tackling the challenges and making the said system more reliable
and beneficial, some improvements are required in the DRM system. The interface
of the DRM system should be made user friendly so that it becomes easy for the
users to operate the system and the adaptive security measures should also be
provided so that the DRM system can keep up with the evolving threats to the
content.
Article Information
THE PROTECTOR OF CREATIVITY AND INNOVATION - DIGITAL RIGHTS MANAGEMENT
Authors: HARI SHANKAR SINGH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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