Upload
ezra-webster
View
213
Download
0
Tags:
Embed Size (px)
Citation preview
Librarians’ Changing Roles in the World of Digital Rights Management
Computers in Libraries, March 2009
J. Stephanie Collins Carol T. West Tom Chan
Shahriar MovafaghiSouthern New Hampshire University
Traditional Purpose of Libraries
Organization of human knowledge• Catalog contents and create links between
contents of intellectual work
Dissemination of knowledge and enablers of knowledge sharing and creation• Repositories of human knowledge• Allow sharing of content with many different
parties• Allow universal accessibility to ideas• Promote the formation of new ideas
Libraries’ Stakeholders
Authors and Publishers Researchers Audience members (readers,
viewers, listeners, students) Governmental bodies Librarians
Affected Stakeholders
Authors/originators of new knowledge
Have content rights protected by copyright laws
Publishers may be included
• Goals: Protect economic stake Control access
Affected Stakeholders
Researchers• Need “read” access in order to build upon
previous work• Need “modify” access in order to be able to
enhance or extend previous work
• Goals As much unfettered access as possible Quick access, to keep up with pace of new work
Affected Stakeholders
Audience Members• Works must be appreciated to have
value
• Goal Ability to have access to works Ability to share works with others
Affected Stakeholders
Governmental Bodies • Promote progress of science and useful
arts: this is the basis of US copyright law Goals
• Maintain an orderly system of regulation of knowledge ownership
• Provide mechanism for rewarding original intellectual work
Affected Stakeholders
Librarians• Multiple Roles and Goals:
Organizers of knowledge and information Creators of structures to relate different
streams of knowledge Facilitators for research efforts Guardians of rights of authors and
publishers Gatekeepers to information Disseminators of information
Librarians in the Middle of Conflicting Goals
Various rights and desires attached to works by stakeholders can be summarized:
“Disseminate freely vs. control access.”
Copyright Law
Copyright Law dictates treatment of intellectual work. • Authors/Originators
Own ideas, and have the right to reproduce, make derivatives, distribute, and perform
• Individuals’ and Libraries’ Rights “Fair Use”, including educational use and
research “First Sale Doctrine”, including interlibrary
loans
Before Digitization
Control relatively easy with tangible objects representing intellectual works Tangible objects are more difficult to copy Time required to move tangible objects to
different locations Cost to copy tangible objects is sometimes
higher than the cost of the original object Copies are usually easy to identify: copies often
lower in quality than original work Content remained static
Digital Age Brought Changes to Treatment of Intellectual Works
Copyright laws enforcement more difficult• Digital media easy to copy• Copies indistinguishable from original• Copies can be widely distributed to unlimited
numbers of individuals• Copies can be created without physically
entering library, or involving librarians• Digital content can be accessed and modified,
possibly without detection• Authors’ ideas could be corrupted without
detection
Changes as Threats, as Perceived by Authors/Originators
Loss of income to authors/originators Theft of ideas or intellectual property Distortion of original ideas
Response to Digital ‘threats’
Digital Rights Management (DRM) Techniques• Cluster of laws, technologies, and
licensing practices Provide more extensive control over the
work to the copyright owner Control is extended to publisher or content
provider Control is extended to the container/product
DRM Controls - Techniques
Restrict Distribution to a subset of the audience
Restrict the number of times a work can be accessed or viewed
Restrict or prevent copying of digital work
Restrict or prevent printing to paper Audit a user’s computer for
unauthorized copies of other digital works
DRM Controls - Techniques
Restrict the sharing of copyrighted materials-no interlibrary loans of digital materials
Applying DRM to works in the Public Domain
Expose libraries to liability regarding patron privacy
Often exceed original copyright laws and limit “fair use”
Effects of DRM
Extend authors’ and publishers’ rights far beyond copyright laws’ intent.
Increase the responsibility of librarians to enforce individual authors’ and publishers’ DRM policies, even though these do not have the force of law.
Effectively decrease audience access to intellectual works.
Conflict: Libraries’ Mission vs. Control Goals of
Authors and Publishers
Libraries• Share knowledge• Allow free use to
everyone• Protect copyright• Free use of
public domain material
• Allow “fair use”
Authors and Publishers• Control access • Control all
aspects of use• Control public
domain material• Control all use
(economic issue)• Control use to
those who can pay
Conflict Difficult to Resolve
Digital materials exist everywhere Digital materials distributed by different
publishers with their own DRM policies Publishers’ DRM policies are part of non-
negotiable licensing agreements Content providers have ‘clout’ with
governing bodies Excessive control could impinge on
individual privacy
What Should be the Guiding Principle for Any Changes?
Digital Rights Management should protect the rights of originators without limiting the rights of individuals and libraries.
Digital Rights Management should not exceed the intent of copyright law.
What are the Choices? Institute new DRM Policies that are
consistent across publishers and that can be enforced within the context of present copyright law.
Amend Copyright Laws: length of copyright, ‘fair use in a DRM environment,’ change tracking, penalties
Encourage new and creative licensing
arrangements between originators and distributors
What are the Choices?
Institute more interoperability across products
Encourage Open Access concept
Educate the public and governing bodies on the social value of the free exchange of ideas
Links and References American Library Association .(2009). Digital Rights Management. Retrieved
2/12/2009 from http://www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/digitalrights/digitalrightsmanagement.cfm
Bailey, Charles W. Jr. (2006). Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia. Information Technology and Libraries, September 2006
Bates, Benjamin J. (2008). Commentary: Value and Digital Rights Management – A Social Economics Approach. Journal of Media Economics, 21, (1), 53-77. Retrieved from http://proquest.umi.com/
Center for Democracy and Technology (Sept 2006), “Building a Marketplace for the Convergent World”.
Godwin, Michael. (2006). Digital Rights Management: A Guide for Librarians, Office for Information Technology Policy, American Library Association.
Links and References Collins, J.S., Movafaghi, S., Chan, T.S. & West, C.T. (2007). Digital Rights Management:
Effects on Research Support in the Context of a University Library. The International Conference on the Book. Madrid, Spain.
Chan, T.S. & Collins, J.S. (2007). Digital Rights Management & E-Learning. The 2007 International Conference on e-Learning, e-Business and e-Government. Las Vegas, NV
Chan, T.S., Collins, J.S. & Movafaghi, S. (2008). Online Consumer Privacy & Digital Rights Management, Online Consumer Protection: Theories of Human Relativism, 4, 240-255, IS Reference, Hershey, PA.
Copyright and Technology. (2009). Retrieved 3/20/2009 from http://copyrightandtechnology.com
Authors’ Information
Tom Chan• [email protected]
J. Stephanie Collins• [email protected]
Shahriar Movafaghi• [email protected]
Carol T. West• [email protected]