The Digital Media Project  

Source

GA06

Date

2005/04/15

Title

Call for Contributions on “Mapping of Traditional Rights and Usagesto the digital space”

No.

0409/San Diego, CA

 

 

Call for Contributions on

“Mapping of Traditional Rights and Usages to the digital space”

 

 

Executive Summary

This document is a Call for Contributions issued by the Digital Media Project (DMP). It addresses the problem of how Traditional Rights and Usages (TRU), that Users of media have traditionally exercised in the analogue space, can be carried over to the digital space, noting that this should be done having in mind the need, on the one hand, to safeguard the Rights of those who have created Work and produced valuable Content and, on the other, to offer Users, and particularly End-Users, the possibility to fully exploit the benefits of digital technologies. A companion document “Issues in mapping Traditional Rights and Usages (TRU) to the digital space” (dmp0410) provides specific information about this Call.

 

Anybody, irrespective of his DMP membership, is invited to respond by the deadline of 15th of July 2005. Respondents who are not DMP members will be invited to attend the 7th DMP General Assembly (GA07) to be held in Erlangen (DE) on 20th to 22nd of July 2005 and to the pre-meeting on 19th of July especially dedicated to review the contributions received. For an effective meeting all respondents will be given access to the Contributions submitted by the other respondents.

 

DMP intends to use the Contributions received in response to this Call to develop a “Recommended Action on Traditional Rights and Usages” and approve it for publication at its 10th DMP General Assembly (GA10) in April 2006. Therefore it is assumed that Contributions may be used to create derivative work.

 

The definition of capitalised words relevant to the subject of this Call can be found in the Approved Document No. 6 – Technical Reference: Terminology (dmp0406).

1          Introduction

The Digital Media Project (DMP) is a not-for-profit organisation registered in Geneva with the mission to “promote continuing successful development, deployment and use of Digital Media that respect the rights of creators and rights holders to exploit their works, the wish of end users to fully enjoy the benefits of Digital Media and the interests of various value-chain players to provide products and services, according to the principles laid down in the Digital Media Manifesto”.

 

DMP has identified “Interoperable Digital Rights Management (DRM)” as the technology whose deployment can further the goals stated in its Mission and has developed a work plan (dmp0414) whose current version foresees the development and publication of:

 

#

Type of document

Approved Document title

Phase I

Phase II

Phase III

1

Technical: Reference

Use Cases

2005/04

2005/10

TBD

2

Technical Reference

Architecture

2005/04

2005/10

TBD

3

Technical Specification

Interoperable DRM Platform

2005/04

2005/10

TBD

4

Technical Specification

Value-Chains

2005/04

2005/10

TBD

5

Technical Specification

Registration Authorities

2005/04

TBD

TBD

6

Technical Reference

Terminology

2005/04

TBD

TBD

7

Technical Specification

Reference Software

2005/07

2006/01

TBD

8

Recommended Practice

End-to-End Conformance

2005/10

2006/04

TBD

 

In spite of the value DMP recognises to Interoperable DRM as the main digital media-enabling technology, DMP has noted that DRM has the potential to substantially alter the balance that has been in existence in the analogue world between different Users of Content, in particular when one of them is the End-User. If not appropriately remedied, this imbalance may lead to a significant reduction of the scope of Traditional Rights and Usages (TRU) of Users. A possible outcome is the outright rejection of the new technology on the part of some Users, in particular End-Users.

 

It should be noted that DMP is not claiming that an established TRU necessarily implies a right of a User to a particular Use of digital media but simply that, if Users have found a particular Use advantageous in the analogue domain they are probably interested to continue exercising that Use in the digital domain as well. Leveraging on this interest may provide opportunities for new “Digital Media Business Models” that are attractive to Users but are respectful of the rights of those who have created Works and produced valuable Content. DMP has identified a significant number of TRUs (dmp0270) and analysed their nature.

 

Therefore DMP plans to add technologies to its specifications to make the exercise of TRUs technically possible. However, even a summary analysis shows that many TRUs have a legislative/regulatory impact that needs to be addressed by proper authorities. Therefore DMP expects that individual jurisdictions will determine which TRUs shall mandatorily be supported by the Interoperable DRM Platforms operating under their jurisdiction and which TRUs can be left to private negotiations between Users, and also which conditions of use should be attached. This is a challenging task because it requires blending knowledge encompassing the legal, social and economic fields with in-depth knowledge of the highly sophisticated and unusual DRM technologies.

 

Acknowledging this hurdle DMP has, as part of its work plan, decided to develop and publish

 

#

 

Document title

Phase I

Phase II

Phase III

9

Recommended Action

Mapping of Traditional Rights and Usages to the digital space

2006/04

TBD

TBD

 

DMP considers the proper accommodation of TRUs in the digital space as a fundamental step to be made in order to make the deployment of DRM-enabled digital media successful. The TRU Recommended Action will provide for each TRU

 

1.      An indication of the type of support provided by IDP technologies to the TRU

2.      One or multiple scenarios enabled by IDP technologies indicating for each of these the possible measures and the impact of each scenario on the roles of the main Value-Chain Users affected.

 

DMP believes that such a document would greatly facilitate the adoption and deployment of Interoperable DRM systems based on DMP Specifications by helping specific legislative environments produce the most appropriate legislations or regulations.

 

The companion document “Issues in mapping Traditional Rights and Usages (TRU) to the digital space” (dmp0410) can be seen a very preliminary draft of the TRU Recommended Action and contains in a nutshell the elements that will appear in the final document. At this stage, however, DMP makes explicit disclaimer that the scenarios described in dmp0410 do not represent the official DMP view on how specific TRUs should be supported. They are simply provided as a means to stimulate a debate and more specifically solicit Contributions that will be used to draft the Recommended Action document.

2          Antitrust statement on the Digital Media Project

In issuing this Call for Contributions the members of the Digital Media Project make explicit reference to the following clauses of the DMP Statutes that relate to antitrust and competition issues:

 

Art. 3, para. 5

The business of DMP shall not be conducted for the financial profits of its Members but for their mutual benefits. Discussions about sales levels, methods, channels of distribution, markets, customers, prices or profitability or any other topic which would restrict use of Digital Media are prohibited.

 

Art. 4.1, para. 3-5

The Members agree to respect all legal provisions and these Statutes concerning DMP. When developing DMP Approved Documents each applicant has to declare himself individually and collectively committed to open competition in the development of DMP Approved Documents. The Members are not restricted in any way from designing, developing, marketing and/or procuring the technologies developed.

Members are not bound to implement or use specific technology standards, or recommendations by virtue of participation in DMP.

Membership in DMP in no way obligates or requires a member to license its patents or technologies to others. If a member chooses to license its patents or technologies, membership in DMP in no way imposes, obligates or requires such member to offer such licenses on any particular terms.

3          How to make a Contribution

The companion document “Issues in mapping Traditional Rights and Usages (TRU) to the digital space” (dmp0410) considers the effects of TRU support on some Value-Chain Users in a number of scenarios analyses for a few TRUs.

Responses could contain

 

1.      Comments on the methodology utilised for studying TRU support in the digital space

2.      Suggestions on how the TRU Recommended Action document should be structured

3.      Identification and description of new TRUs, following the model adopted in Collection of TRU templates (dmp0270)

4.      Comments on the choice of scenarios, the type of measures to support the scenarios and the effects on the main Value-Chain Users

5.      Provision and analysis of new scenarios of TRU support

6.      Any additional information deemed to be relevant to the topic.

4          How to respond

All parties – companies, organisations, public authorities and individuals – who have an interest in clarifying the role of TRUs in an Interoperable DRM world enabled by DMP Technical Specifications are invited to submit contributions for consideration by DMP. These parties do not necessarily have to be DMP members.

 

Contributions are to be received by:

 

Digital Media Project Secretariat

c/o Eurescom GmbH

Schlosswolfsbrunnen Weg 35

D-69118 Heidelberg

Germany

Fax

 +49 6221 98 94 47

Email

 secretariat@digital-media-project.org

 

either by postal mail or (preferred) electronically, by 2005/07/15T23:00 GMT.

Contributions are to be formatted as Word or HTML documents. If submitted by mail, they must be provided on a 1.44 MByte floppy disk or an ISO9660 CD-R.

Pre-registration is encouraged, as it will help the planning of the evaluation process. Please use Annex A to pre-register, fill it out, and send it as an email attachment or by fax to the DMP Secretariat by 2005/06/30.

5          Timetable and Logistics

Legend: GA: General Assembly

 

Year

Mo.

Day

GA

Event/Action

2005

04

15

GA06

This Call for Contributions published

 

06

30

 

Pre-registration deadline using form in Annex A received by DMP Secretariat  (encouraged)

 

07

15

 

Contributions including form in Annex B received by DMP Secretariat (compulsory)

 

07

19

 

DMP Ad-Hoc Meeting for evaluation of contributions

 

07

22

GA07

Working Draft 1 produced

 

10

13-15

GA08

Working Draft 2 produced

2006

01

07-09

GA09

Working Draft 3 produced

 

10

(TBD)

GA10

TRU Recommended Action approved

 

Annex A: Pre-Registration Form

 

Respondent:

 

Contact name:

 

Address:

 

Phone number:

 

Fax:

 

Email:

 

 

 

Title of contribution:

 

CfC areas addressed

 


 

Annex B: Registration form

 

Respondent:

 

Contact name:

 

Address:

 

Phone number:

 

Fax:

 

Email:

 

Title of contribution:

 

CfC areas addressed:

 

Abstract:

 

 

 

 

 

 

 

 

 

 

 

IPR status:

 

Time requested for presentation (subject to review by organisers):

 

 

 

Name:

 

 

Date:

 

 

Signature: