The Impact of Technological Protection Measures on Research, Education and Libraries
Today, KR21 launches the first report in a three-part series that looks at the impact of technological protection measures (TPMs) on research, education and libraries.
The challenges arising from TPMs
Copyright typically gives students, researchers and knowledge institutions rights to do what they need to do when they are working with materials. However, this access and use is not complete or guaranteed. In particular in the case of digital works, it can be frustrated by technological protection measures.
It’s not always easy to get around these. European laws create a convoluted, time-consuming and expensive legal process for circumvention. In some instances, EU and UK law however doesn’t permit circumvention even when the final act (for example, of reproduction) blocked by TPMs is permitted by copyright.
We are happy to be releasing research that explores the implications of TPMs for research, education, and preservation activities carried out by universities, libraries, archives, and museums. This is commissioned by Knowledge Rights 21 and produced by CREATe, University of Glasgow.
Report #1: An international legal analysis
The first report of three, launched today (Technological Protection Measures and the Law – Impacts on Research, Education and Preservation) analyses TPMs and their impacts on copyright law across various European and non-European jurisdictions.
It underlines that the strong protection afforded technological protection measures in copyright law in Europe contrasts with jurisdictions like Japan, Singapore and New Zealand. For example, Japanese law does not protect copy control technologies from any form of circumvention except for private copying purposes. The approaches of Singapore and New Zealand stand out for devising practical solutions for users to circumvent TPMs. This is achieved by allowing circumvention services or dealing in tools for the sole purpose of permitted acts (i.e. lawful grounds for circumvention).
New Zealand takes a different approach, identifying certain individuals and organisations such as schools, universities and libraries with the authority to circumvent TPMs on behalf of others. This provides a reasonable balance of societal and economic interests.
Moreover, its lack of reliance on rightsholders to take cooperative and positive action to aid in circumvention efforts reduces the delays and costs that are associated with the European systems.
The study concludes that solutions aimed at giving greater effect to exceptions and limitations to copyright law (and so empower users) must include a focus on providing the practical means to circumvent TPMs.
Upcoming research reports: survey & economic evidence
Coming soon, Report 2 provides evidence on the effects of TPMs on researchers, libraries and archives, gathered from a survey of researchers and institutions. The results offer insight into specific impediments to research, education and preservation, as well as the outcomes of legal requests to rightsholders to provide access.
Report 3 provides economic evidence of the costs of dealing with TPMs in the preservation of digital materials. Quantitative data are analysed from the MAME video game emulation project, revealing significant labour costs and missing use arising from the need to circumvent TPMs to preserve digital materials, an issue relevant to a range of digital preservation and research.
26 November Webinar
See the recording here
Please check out our upcoming webinar on 26th November 2024:
How digital locks and the laws that govern them frustrate preservation, research and access to knowledge
When?
- Date: 26 November, 2024
- Time: 10:00-11:30 CET / 09:00-10:30 GMT
What?
This webinar, from one of the co-authors of a ground-breaking three-part report from University of Glasgow and KR21 on technological protection measures (TPMs) will outline the legal and technical barriers that knowledge institutions face when preserving digital content.
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Register now to secure your spot!
25 November 2024
