librarians’ changing roles in the world of digital rights management computers in libraries, march...

Librarians’ Changing Roles in the World of Digital Rights Management

Computers in Libraries, March 2009

J. Stephanie Collins Carol T. West Tom Chan

Shahriar MovafaghiSouthern New Hampshire University

Traditional Purpose of Libraries

Organization of human knowledge• Catalog contents and create links between

contents of intellectual work

Dissemination of knowledge and enablers of knowledge sharing and creation• Repositories of human knowledge• Allow sharing of content with many different

parties• Allow universal accessibility to ideas• Promote the formation of new ideas

Libraries’ Stakeholders

Authors and Publishers Researchers Audience members (readers,

viewers, listeners, students) Governmental bodies Librarians

Affected Stakeholders

Authors/originators of new knowledge

Have content rights protected by copyright laws

Publishers may be included

• Goals: Protect economic stake Control access

Affected Stakeholders

Researchers• Need “read” access in order to build upon

previous work• Need “modify” access in order to be able to

enhance or extend previous work

• Goals As much unfettered access as possible Quick access, to keep up with pace of new work

Affected Stakeholders

Audience Members• Works must be appreciated to have

value

• Goal Ability to have access to works Ability to share works with others

Affected Stakeholders

Governmental Bodies • Promote progress of science and useful

arts: this is the basis of US copyright law Goals

• Maintain an orderly system of regulation of knowledge ownership

• Provide mechanism for rewarding original intellectual work

Affected Stakeholders

Librarians• Multiple Roles and Goals:

Organizers of knowledge and information Creators of structures to relate different

streams of knowledge Facilitators for research efforts Guardians of rights of authors and

publishers Gatekeepers to information Disseminators of information

Librarians in the Middle of Conflicting Goals

Various rights and desires attached to works by stakeholders can be summarized:

“Disseminate freely vs. control access.”

Copyright Law

Copyright Law dictates treatment of intellectual work. • Authors/Originators

Own ideas, and have the right to reproduce, make derivatives, distribute, and perform

• Individuals’ and Libraries’ Rights “Fair Use”, including educational use and

research “First Sale Doctrine”, including interlibrary

loans

Before Digitization

Control relatively easy with tangible objects representing intellectual works Tangible objects are more difficult to copy Time required to move tangible objects to

different locations Cost to copy tangible objects is sometimes

higher than the cost of the original object Copies are usually easy to identify: copies often

lower in quality than original work Content remained static

Digital Age Brought Changes to Treatment of Intellectual Works

Copyright laws enforcement more difficult• Digital media easy to copy• Copies indistinguishable from original• Copies can be widely distributed to unlimited

numbers of individuals• Copies can be created without physically

entering library, or involving librarians• Digital content can be accessed and modified,

possibly without detection• Authors’ ideas could be corrupted without

detection

Changes as Threats, as Perceived by Authors/Originators

Loss of income to authors/originators Theft of ideas or intellectual property Distortion of original ideas

Response to Digital ‘threats’

Digital Rights Management (DRM) Techniques• Cluster of laws, technologies, and

licensing practices Provide more extensive control over the

work to the copyright owner Control is extended to publisher or content

provider Control is extended to the container/product

DRM Controls - Techniques

Restrict Distribution to a subset of the audience

Restrict the number of times a work can be accessed or viewed

Restrict or prevent copying of digital work

Restrict or prevent printing to paper Audit a user’s computer for

unauthorized copies of other digital works

DRM Controls - Techniques

Restrict the sharing of copyrighted materials-no interlibrary loans of digital materials

Applying DRM to works in the Public Domain

Expose libraries to liability regarding patron privacy

Often exceed original copyright laws and limit “fair use”

Effects of DRM

Extend authors’ and publishers’ rights far beyond copyright laws’ intent.

Increase the responsibility of librarians to enforce individual authors’ and publishers’ DRM policies, even though these do not have the force of law.

Effectively decrease audience access to intellectual works.

Conflict: Libraries’ Mission vs. Control Goals of

Authors and Publishers

Libraries• Share knowledge• Allow free use to

everyone• Protect copyright• Free use of

public domain material

• Allow “fair use”

Authors and Publishers• Control access • Control all

aspects of use• Control public

domain material• Control all use

(economic issue)• Control use to

those who can pay

Conflict Difficult to Resolve

Digital materials exist everywhere Digital materials distributed by different

publishers with their own DRM policies Publishers’ DRM policies are part of non-

negotiable licensing agreements Content providers have ‘clout’ with

governing bodies Excessive control could impinge on

individual privacy

What Should be the Guiding Principle for Any Changes?

Digital Rights Management should protect the rights of originators without limiting the rights of individuals and libraries.

Digital Rights Management should not exceed the intent of copyright law.

What are the Choices? Institute new DRM Policies that are

consistent across publishers and that can be enforced within the context of present copyright law.

Amend Copyright Laws: length of copyright, ‘fair use in a DRM environment,’ change tracking, penalties

Encourage new and creative licensing

arrangements between originators and distributors

What are the Choices?

Institute more interoperability across products

Encourage Open Access concept

Educate the public and governing bodies on the social value of the free exchange of ideas

Links and References American Library Association .(2009). Digital Rights Management. Retrieved

2/12/2009 from http://www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/digitalrights/digitalrightsmanagement.cfm

Bailey, Charles W. Jr. (2006). Strong Copyright + DRM + Weak Net Neutrality = Digital Dystopia. Information Technology and Libraries, September 2006

Bates, Benjamin J. (2008). Commentary: Value and Digital Rights Management – A Social Economics Approach. Journal of Media Economics, 21, (1), 53-77. Retrieved from http://proquest.umi.com/

Center for Democracy and Technology (Sept 2006), “Building a Marketplace for the Convergent World”.

Godwin, Michael. (2006). Digital Rights Management: A Guide for Librarians, Office for Information Technology Policy, American Library Association.

Links and References Collins, J.S., Movafaghi, S., Chan, T.S. & West, C.T. (2007). Digital Rights Management:

Effects on Research Support in the Context of a University Library. The International Conference on the Book. Madrid, Spain.

Chan, T.S. & Collins, J.S. (2007). Digital Rights Management & E-Learning. The 2007 International Conference on e-Learning, e-Business and e-Government. Las Vegas, NV

Chan, T.S., Collins, J.S. & Movafaghi, S. (2008). Online Consumer Privacy & Digital Rights Management, Online Consumer Protection: Theories of Human Relativism, 4, 240-255, IS Reference, Hershey, PA.

Copyright and Technology. (2009). Retrieved 3/20/2009 from http://copyrightandtechnology.com

Authors’ Information

Tom Chan• T.chan@snhu.edu

J. Stephanie Collins• J.collins@snhu.edu

Shahriar Movafaghi• S.movafaghi@snhu.edu

Carol T. West• C.west@snhu.edu