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Intellectual Property Law and Interactive Media

Free for a Fee

Series:

Edward Lee Lamoureux, Steven L. Baron and Claire Stewart

Now in its second edition, this book offers a comprehensive treatment of intellectual property law and interactive media. Having been thoroughly updated, this edition captures emerging trends and issues in a shifting landscape (including international contexts and games/virtual worlds), legislative and judicial history, and the efforts to balance public and private interests. It explains the details relating to procedural issues in connection with each of the varied and unique forms of intellectual property management (copyright, patent, open source/open publishing, trademark, trade secrets, personal torts – right of publicity, privacy, defamation – and digital rights management) and registration.
Each chapter now includes a section that clearly introduces the fundamentals of the IP law aspect highlighted in the chapter. Each chapter also includes a new section dedicated to emerging Issues.
Case coverage is revised in two important ways: the bulk of the case analyses have been moved to a second volume, Case Analyses for Intellectual Property Law and New Media (Baron, Lamoureux, and Stewart); and references to cases in the primary text direct readers to pertinent sections in the new book.
The coverage allows this second edition to serve as an excellent resource for undergraduates studying interactive media, as well as being a primer for first year IP law students, a handbook for entrepreneurs, a guidebook for general lawyers to assist in referrals, and an interesting read for those simply curious about the field.
The books are supplemented by freeforafee.com, a blog providing textual updates, online links to bibliographic materials, and extensive resource aggregation. Learning objectives for each chapter and a glossary of key terms is provided within the texts.
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Chapter 8: Digital Rights Management

Extract

CHAPTER EIGHT

Digital Rights Management

Most of the new content we purchase and consume is, at some point in its life, digital. Book manuscripts are files on an editor’s computer; music is many hundreds of sound files on an engineer’s computer, and even the most traditionally produced Hollywood film is a digital file during DVD production. Increasingly, this content is also being distributed digitally. Publishers, producers, and creators see the exciting possibilities of a digital world but fear the implications of easy and virtually cost-free replication of digital data. One response to this has been the rise of Technological Protection Measures (TPM), so-called Digital Rights Management technologies. Digital Rights Management, or DRM, is a technology that enforces a restriction on the use of content. DRM might require a user to enter her unique password before viewing or printing a PDF file, or it might prevent her from copying an audio file to more than a certain number of computers. In some schemes, the DRM might be tied to monitoring software that periodically checks in with a network server to verify that the user or the device is still authorized by the rights holder. DRM is controversial for a number of reasons. Many content producers see it as their only effective weapon against widespread piracy, while privacy advocates worry about access ← 217 | 218 → to sensitive user information, and librarians and archivists fear DRM may interfere both with traditionally protected uses of content and with long-term archiving.

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