Contractual and technological approaches for protecting digital works: their relationship with copyright limitations

Abstract

To deal with the new circumstances arising in the digital environment, with its particular conditions for the access, distribution and use of intellectual works, three distinct approaches exist: legal (copyright laws are modified to adapt them to the new context), technological (systems designed to control access and use of works), and contractual (through licenses to regulate the conditions of use of the works). The joint use of technological measures and licenses, together with the laws that protect both, are seriously endangering the effectiveness of the limitations to copyright set forth by law to benefit libraries, their users and citizens in general. This represents a strong privatisation of access to information. Using as a point of reference the laws of countries that are on the front lines of this terrain-the USA, the European Union and Australia-some problems created by the new forms of protection of intellectual works are examined.

The legal protection of databases: current situation of the international harmonisation process

“…It is often argued that the technological measures for protecting databases, along with licensing agreements, are also effective means of protecting databases against improper use. Actually, we could say that they are too effective, as these contracts and technologies are increasingly employed to limit uses of data and information that would otherwise be permitted by law (Fernández‐Molina, 2004).…”

The WIPO development agenda and the contribution of the international library community

“…Furthermore, the text of legislation is increasingly complex, being the fruit of a branching lobby on the part of the communication industry, while the public at large either takes no action or does so in a partial and sectorial manner. If we further consider the increasing use of contracts (licenses) to regulate the use of works, we find that intellectual works enjoy highly exaggerated protection, accumulating several protective layers: legislation that is more and more restrictive, technological protection, and finally, contractual protection (Fernández‐Molina, 2004).…”

Academic Libraries and Copyright: Do Librarians Really Have the Required Knowledge?

“…In general terms, these legal reforms, together with the new and additional layers of protection provided by DRM systems and licensing agreements, have led to legislation that is more favorable to the interests of the rights holders 3 and is very hard to understand for nonspecialists. Aside from legislative and technological changes, a series of factors has contributed to an increased complexity specifically in the academic realm.…”