Rightholder as the Center: The DRM System in Copyright after so Many Years

Abstract

Copyright holder as the center consists of two routes: a copyright holder is able to claim for remedy under copyright law and protect his work by law enforcement. On the other hand, he can employ technology to control the access to copyrighted works and enforce copyright by private implementation. Although the law enforcement is powerful and overwhelming, private implementation usually provides copyright owners with cheaper and flexible option than expensive and time-consuming judicial procedure.The digital rights management, also known as DRM, is a set of access control technologies which widely adopted by copyright owners. Major content providers such as Apple, Amazon, and Sony employ the DRM to control not only copying, but the distributing, printing, and altering of works or devices. From the perspective of copyright owners, the DRM provides another layer of security on their exclusive rights. Specifically, the DRM with accompanied technologies enable copyright owners to expand their copyright-like protection and strengthen the exclusive control on their digital works. However, the enhanced level of protection and control often leads to severe tension between copyright owners and online users because users’ freedom and experiences on works are greatly affected and limited.On the other hand, DRM is not flawless and the circumvention to DRM protected works are frequently occurred due to the technological loopholes. Therefore, DRM legislation on prohibition over the circumvention of DRM system become the second layer of protection regarding the efficiency of DRM system. In domestic perspective, the US, EU, and China respectively enacts own statutes on regulating the circumventions of DRM technology. In international area, the WIPO Internet Treaties (WCT) and Performances and Phonograms Treaty (WPPT) both introduced the protection on technological measures and rights management information.The twofold protection provided by DRM system in fact break the balance between copyright owners and online users. Being the center in copyright realm, copyright owners enjoy unprecedented power with the aid of digital technologies and legislation. However, DRM system is not as reliable and sustainable as design. Industrial practice in online music, eBooks, and PC games provides mixed results with respect to the efficiency of DRM system. Generally, the public are oppose to the implementation of DRM in online works, while the proponents such as copyright owners and third-party licensors gradually switch their stance from absolute enforcement of DRM to flexible offering DRM works to online users. Accordingly, the DRM system become less reliable and unpromising to online copyright enforcement compared to other enforcement strategies. To reach a more certain and clear conclusion, this paper looks into the DRM system with its industrial experiences in various areas.