Copyright Management and Control Systems: Pre-Infringement

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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Copyright Management and Control Systems: Post-Infringement

Post-infringement technologies allow the owners of copyrighted works to identify infringements and thus enhance enforcement of intellectual property rights and encompass systems such as:

Steganography

Applied to electronic files, steganography refers to the process of hiding information in files that can not be easily detected by users. Steganography can be used by intellectual property owners in a variety of ways. One is to insert into the file a "digital watermark" which can be used to prove that an infringing file was the creation of the copyright holder and not the pirate. Other possibilities are to encode a unique serial number into each authorized copy or file, enabling the owner to trace infringing copies to a particular source, or to store copyright management information.

Agents

Agents are programs that can implement specified commands automatically. Copyright owners can use agents to search the public spaces of the Internet to find infringing copies. Although the technology is not yet very well developed full-text search engines allow similar uses.

Copyright Litigation

While not every infringement will be the subject of litigation, the threat of litigation helps keep large pirate operations in check. It helps copyright owners obtain relief for specific acts of infringement and publicly warns others of the dangers of infringement.

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DMCA

The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty). Besides other issues the DMCA addresses the influence of new technologies on traditional copyright. Of special interest in the context of the digitalization of intellectual property are the titles no. 2, which refers to the limitation on the liability of online service providers for copyright infringement (when certain conditions are met), no. 3, that creates an exemption for making a copy of a computer program in case of maintenance and repair, and no. 4 which is concerned with the status of libraries and webcasting. The DCMA has been widely criticized for giving copyright-holders even more power and damage the rights and freedom of consumers, technological innovation, and the free market for information.

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Moral rights

Authors of copyrighted works (besides economic rights) 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. 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.

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