Copyright protection generally means that certain uses of a work are lawful only if they are done with the authorization of the owner of the copyright. The most typical are the following:
- copying or reproducing a work
- performing a work in public
- making a sound recording of a work
- making a motion picture of a work
- broadcasting a work
- translating a work
- adapting a work
Under certain national laws, some of these rights, which are referred to, as "economic rights'" are not exclusive rights of authorization but in specific cases, merely rights to remuneration. Some strictly determined uses (for example quotations or the use of works by way of illustration for teaching) are completely free, that is, they require neither authorization of, nor remuneration for, the owner of the copyright. This practice is described as
In addition to economic rights, authors enjoy "moral rights" on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. They also have the right to oppose the mutilation or deformation of their creations.
The owner of a copyright may usually transfer his right or may license certain uses of his work. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.
Furthermore there exist rights related to copyright that are referred to as "neighboring rights". In general there are three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.
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As stated before the sense of cryptography is a properly designed cryptosystem making it essentially impossible to recover encrypted data without any knowledge of the used key. The issue of lost keys and the being-locked-out from one's own data as a consequence favors key recovery systems. On the other hand the counter argument is confidentiality: as soon as a possibility to recover a key is provided, the chances for abuses grow.
Finally it is the state that does not want to provide too much secrecy. On the contrary. During the last 20 years endless discussions about the state's necessity and right to restrict private cryptography have taken place, as the governments rarely care for the benefit of private users if they believe in catching essential informations about any kind of enemy, hence looking for unrestricted access to all keys.
The list of "key recovery," "key escrow," and "trusted third-party" as encryption requirements, suggested by governmental agencies, covers all the latest developments and inventions in digital technology.
At the same time the NSA, one of the world's most advanced and most secret enterprises for cryptography, worked hard in getting laws through to forbid the private use of strong encryption in one way or the other. Still, it is also organizations like this one that have to admit that key recovery systems are not without any weaknesses, as the U.S. Escrowed Encryption Standard, the basis for the famous and controversially discussed Clipper Chip, showed. The reason for those weaknesses is the high complexity of those systems.
Another aspect is that key recovery systems are more expensive and certainly much less secure than other systems. So, why should anyone use them?
In that context, one has to understand the legal framework for the use of cryptography, a strict framework in fact, being in high contradiction to the globalised flow of communication.
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Copyright law is a branch of
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Intellectual property, very generally, relates to the output, which result from intellectual activity in the industrial, scientific, literary and artistic fields. Traditionally intellectual property is divided into two branches:
1) Industrial Property
a)
b)
c)
d) Unfair competition (trade secrets)
e) Geographical indications (indications of source and appellations of origin)
2) Copyright
The protection of intellectual property is guaranteed through a variety of laws, which grant the creators of intellectual goods, and services certain time-limited rights to control the use made of their products. Those rights apply to the intellectual creation as such, and not to the physical object in which the work may be embodied.
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Hardware Devices
Those have to be acquired and installed by the user. For example under a debit card approach, the user purchases a debit card that is pre-loaded with a certain amount of value. After installation, the debit card is debited automatically as the user consumes copyrighted works.
Digital Certificates
Hereby a certification authority issues to a user an electronic file that identifies the user as the owner of a public key. Those digital certificates, besides
Centralized Computing
Under this approach all of the executables remain at the server. Each time the executable is used, the user's computer must establish contact with the server, allowing the central computer to meter access.
Access Codes
Access code devices permit users to "unlock" protective mechanisms (e.g. date bombs or functional limitations) embedded in copyrighted works. Copyright owners can meter the usage of their works, either by unlocking the
Copyright Clearinghouses
Under this approach copyright owners would commission "clearinghouses" with the ability to license the use of their works. A user would pay a license fee to obtain rights concerning the intellectual property.
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Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for
Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.
A mark (trademark or service mark) is "... a sign, or a combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings. The sign may particularly consist of one or more distinctive words, letters, numbers, drawings or pictures, emblems, colors or combinations of colors, or may be three-dimensional..." (