Enforcement: Copyright Management and Control Technologies

With the increased ease of the reproduction and transmission of unauthorized copies of digital works over electronic networks concerns among the copyright holder community have arisen. They fear a further growth of copyright piracy and demand adequate protection of their works. A development, which started in the mid 1990s and considers the copyright owner's apprehensions, is the creation of copyright management systems. Technological protection for their works, the copyright industry argues, is necessary to prevent widespread infringement, thus giving them the incentive to make their works available online. In their view the ideal technology should be "capable of detecting, preventing, and counting a wide range of operations, including open, print, export, copying, modifying, excerpting, and so on." Additionally such systems could be used to maintain "records indicating which permissions have actually been granted and to whom".

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Technological measures

As laid down in the proposed EU Directive on copyright and related rights in the information society technological measures mean "... any technology, device, or component that, in the normal course of its operations, is designed to prevent or inhibit the infringement of any copyright..." The U.S. DMCA (Digital Millennium Copyright Act) divides technological measures in two categories: 1) measures that prevent unauthorized access to a copyrighted work, and 2) measures that prevent unauthorized copying of a copyrighted work. Also the making or selling of devices or services that can be used to circumvent either category of technological measures is prohibited under certain circumstances in the DMCA. Furthermore the 1996 WIPO Copyright Treaty states that the "... contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors..."

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