1. Licensing, DRM, and the use by libraries and educational institutions Ute.Decker@ifpi.org Senior Legal Adviser WIPO / IPD Meetings on 15/16 March 2004 “Copyright in Educational Institutions and Libraries in the Digital Era” Hong Kong

2. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Listing the rights involved Reproduction Right Distribution Right Lending Right Rental Right Making Available Right Adaptation Right Related remuneration claims

3. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Ways of exercising rights –Individual contracts – –OR standard contracts –By the rightholder - –OR through a collecting society –Collection of remuneration –Employing Digital Rights Management

4. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Implication of digital use from digital content. Enhanced searchability. No limit on available copies. Fast access. Enhanced flexibility. Variety of agreed ways of use –> more choice. Ease of copying. BUT: High vulnerability of content.

5. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Features of digital licensing Creation of a trusted environment Authentication of user. Agreement of license terms. Maintaining privacy. Confirmation of compliance with license terms. Digital payment mechanism.

6. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Use of Clearing Centres Examples: Copyright Clearance Centre US (www.copyright.com)www.copyright.com Copyright Licensing Agency UK (http://www.cla.co.uk/)http://www.cla.co.uk/ Educational Recording Agency UK (www.era.org.uk)www.era.org.uk CAL Australia (www.copyright.com.au)www.copyright.com.au

7. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide The development of DRM Inventing language Developing technology Creating standards Enabling interoperability Creating trust Maintaining integrity!

8. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Legal Basis for Digital Rights Management 1996 WIPO Treaties: The WCT and WPPT provide protection for technological protection measures and of rights management information. 45 accessions globally; including Japan, Indonesia (WCT), Mongolia, and the Philippines. BUT: Many countries in Asia are still lacking effective protection of rights management information and technological protection measures.

9. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Experience in Europe Protection under the EU Information Society Directive: –Full protection for the integrity of rights management information. –Full protection against circumvention of technological measures. –For the employment of technological measures, rightholders can and want to accommodate certain exemptions (e.g. for public libraries and educational institutions) – The basis for communication between rightholders and users is already available. –Positive experience in application so far.

10. Ute Decker@ifpi.org IFPI - representing the recording industry worldwide Conclusion Digital use opens the doors for entirely different ways of use. The process for the development of Digital Rights Management is complex. Digital Licensing is convenient. Trust and integrity are essential. Digital Rights Management and Technological Protection Measures are the elements of Digital Rights Management. A layer of legal protection to maintain integrity along the 1996 WIPO Treaties is necessary.