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Copyright Management and Control Systems: Pre-Infringement |
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Pre-infringement  copyright management and control systems that inhibit or control infringement of intellectual property may be put into place by copyright owners before distributing their works. Examples are:
Contracts
Contracts are a pre-infringement control method, which very often is underestimated. Properly formed contracts enable copyright holders to restrict the use of their works in excess of the rights granted under copyright laws.
Copy Protection
This approach was standard in the 1980s, but rejected by consumers and relatively easy to break. Still copy protection, whereby the vendor limits the number of times a file can be copied, is used in certain situations.
Limited Functionality
This method allows copyright owners to provide a copy of the work, which is functionally limited. Software creators, for example, can distribute software that cannot print or save. A fully functional version has to be bought from the vendor.
Date Bombs
Here the intellectual property holder distributes a fully functional copy but locks off access at a pre-specified date or after a certain number of uses.
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1996 WIPO Copyright Treaty (WCT)
The
1996 WIPO
Copyright Treaty, which focused on taking steps to protect copyright
"in the digital age" among other provisions 1) makes clear
that computer programs are protected as literary works, 2) the
contracting parties must protect databases that constitute
intellectual creations, 3) affords authors with the new right of
making their works "available to the public", 4) gives
authors the exclusive right to authorize "any communication to
the public of their works, by wire or wireless means ... in such a
way that members of the public may access these works from a place
and at a time individually chosen by them." and 5) requires the
contracting states to protect anti-copying technology and copyright
management information that is embedded in any work covered by the
treaty. The WCT is available on:  http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm
 http://www.wipo.int/documents/en/diplconf/dis...
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