International Framework for Legal Protection of Digital Rights Management Systems
Maciej Barczewski · SSRN Electronic Journal · 2007
Digital Rights Management (DRM) systems allow to distribute digital content in a secure way and enable the right holders to control the actions of a consumer in relation to the circulated data. One of the vital premises of emergence of new business models based on these systems is the worldwide unification of a legal protection of DRM. This paper analyses international legal regulations relating to this matter, including the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, as well as applicable Directives of the European Union. Although they contain legal instruments that safeguard DRM, both the legal regimes of the WIPO Treaties and of the EU regulations contain gaps in their protection schemes. In particular, the revision of ambiguous provisions of the European Directives is recommended, along with further harmonization of key legal issues that may affect extensive implementation of DRM.