| Title Page and Notice |
i |
| National Academies Statement |
iii |
| Committee |
v |
| Preface |
ix |
| Acknowledgment of Reviewers |
xv |
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| EXECUTIVE SUMMARY |
1 |
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| 1 THE EMERGENCE OF THE DIGITAL DILEMMA |
23 |
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An Enduring Balance Upset? |
24 |
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Scope of the Report |
27 |
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Origins of the Issues |
28 |
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Technology Has Changed: Digital Information, Networks, and the Web |
28 |
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Why Digital Information Matters |
28 |
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Why Computer Networks Matter: Economics and Speed of Distribution |
38 |
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Why the Web Matters |
39 |
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The Programmable Computer Makes a Difference |
43 |
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Technology Has Emerged into Everyday Life, Running Headlong into Intellectual Property |
45 |
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Intellectual Property Law Is Complex |
47 |
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Cyberspace Is an Odd New World |
49 |
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What Makes Progress Difficult? |
51 |
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Stakeholders' Interests Are Diverse |
51 |
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There Is a Variety of Forces at Work |
52 |
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Many Threads Are Intertwined: Technology, Law, Economics, Psychology and Sociology, and Public Policy |
53 |
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The Problems Are Global, with Differing Views, Laws, and Enforcement Around the World |
54 |
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Potential Solutions Have to Be Evaluated from a Variety of Perspectives |
58 |
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Road Map for the Report |
60 |
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ADDENDUM:
The Concerns of Stakeholders |
61 |
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Creators of Intellectual Property |
61 |
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Distributors |
65 |
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Schools and Libraries |
68 |
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The Research Community |
70 |
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The General Public |
71 |
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Other Consumers and Producers of Intellectual Property |
73 |
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Governmental Organizations |
73 |
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Private Sector Organizations |
74 |
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Journalists |
75 |
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Standards Organizations |
75 |
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| 2 MUSIC: INTELLECTUAL PROPERTY'S CANARY IN THE DIGITAL COAL MINE |
76 |
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Why Music? |
77 |
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W(h)ither the Market? |
78 |
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What Can Be Done? |
79 |
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The Business Model Response |
79 |
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Make the Content Easier and Cheaper to Buy Than to Steal |
80 |
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Use Digital Content to Promote the Traditional Product |
81 |
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Give Away (Some) Digital Content and Focus on Auxiliary Markets |
82 |
| |
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The Technical Protection Response |
83 |
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Mark the Bits |
83 |
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Reattach the Bits |
84 |
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A Scenario |
86 |
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Constraints on Technological Solutions |
87 |
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Industry Consequences of the New Technology |
89 |
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The Broader Lessons |
94 |
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| 3 PUBLIC ACCESS TO THE INTELLECTUAL, CULTURAL, AND SOCIAL RECORD |
96 |
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Public Access Is an Important Goal of Copyright |
97 |
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Access: Licensing Offers Both Promise and Peril |
100 |
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Access and Technical Protection Services |
104 |
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The New Information Environment Challenges Some Access Rules |
106 |
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The New Information Environment Blurs the Distinction Between Public and Private |
107 |
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Noncopyrightable Databases Present Access Challenges |
109 |
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The Information Infrastructure Is Changing the Distribution of and Access to Federal Government Information |
111 |
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Archiving of Digital Information Presents Difficulties |
113 |
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Fundamental Intellectual and Technical Problems in Archiving |
116 |
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Intellectual Property and Archiving of Digital Materials |
119 |
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Technical Protection Services and Archiving |
121 |
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| 4 INDIVIDUAL BEHAVIOR, PRIVATE USE AND FAIR USE, AND THE SYSTEM FOR COPYRIGHT |
123 |
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Understanding Copyright in the Digital Environment |
123 |
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The General Public |
124 |
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Rights Holders |
128 |
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The Challenge of Private Use and Fair Use with Digital Information |
129 |
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The Wide Range of Private Use Copying |
130 |
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Arguments That Private Use Copying Is Not Fair Use |
132 |
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Arguments That Private Use Copying Is Fair Use |
133 |
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Private Use Copying: The Committee's Conclusions |
135 |
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The Future of Fair Use and Other Copyright Exceptions |
136 |
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Is "Copy" Still an Appropriate Fundamental Concept? |
140 |
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Control of Copying |
140 |
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Is Control of Copying the Right Mechanism in the Digital Age? |
141 |
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What Can Be Done? |
144 |
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ADDENDUM:
Sections 106, 107, and 109 of the U.S. Copyright Law |
145 |
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| 5 PROTECTING DIGITAL INTELLECTUAL PROPERTY: MEANS AND MEASUREMENTS |
152 |
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Technical Protection |
153 |
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Encryption: An Underpinning Technology for Technical Protection Service Components |
156 |
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Access Control in Bounded Communities |
158 |
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Enforcement of Access and Use Control in Open Communities |
159 |
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Copy Detection in Open Communities: Marking and Monitoring |
164 |
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Trusted Systems |
167 |
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Protection Technologies for Niches and Special-Purpose Devices |
171 |
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Technical Protection Services, Testing, and the Digital Millennium Copyright Act of 1998 |
171 |
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What Makes a Technical Protection Service Successful? |
173 |
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The Role of Business Models in the Protection of Intellectual Property |
176 |
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The Impact of the Digital Environment on Business Models |
177 |
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Business Models for Handling Information |
179 |
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Traditional Business Models |
179 |
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Intellectual Property Implications of Traditional Business Models |
180 |
| |
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Less Traditional Business Models |
181 |
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Intellectual Property Implications of Less Traditional Business Models |
182 |
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Business Models as a Means of Dealing with Intellectual Property |
183 |
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Illegal Commercial Copying |
186 |
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The Impact of Granting Patents for Information Innovations |
192 |
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| 6 CONCLUSIONS AND RECOMMENDATIONS |
199 |
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The Digital Dilemma: Implications for Public Access |
201 |
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The Value of Public Access |
201 |
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Consequences of the Changing Nature of Publication and the Use of Licensing and Technical Protection Services |
202 |
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Publication and Private Distribution |
205 |
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Mass Market Licenses |
205 |
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Archiving and Preservation of Digital Information |
206 |
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Digital Archives |
206 |
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Preservation |
209 |
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Access to Federal Government Information |
211 |
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The Digital Dilemma: Implications for Individual Behavior |
212 |
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Perceptions and Behavior of Individuals |
212 |
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Fair Use and Private Use Copying |
213 |
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Copyright Education |
216 |
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Moving Beyond the Digital Dilemma: Additional Mechanisms for Making Progress |
217 |
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Technical Protection Services |
217 |
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The Digital Millennium Copyright Act of 1998 |
221 |
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Business Models |
224 |
| |
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The Interaction of Technical Protection Services, Business Models, Law, and Public Policy |
225 |
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Moving Beyond the Dilemma: A Call for Research and Improved Data |
225 |
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Illegal Commercial Copying |
226 |
| |
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Research on the Economics of Copyright, Use of Patents, and Cyber Law |
227 |
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Is "Copy" Still the Appropriate Foundational Concept? |
230 |
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Content Creators and the Digital Environment |
232 |
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The Process of Formulating Law and Public Policy |
233 |
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Principles for the Formulation of Law and Public Policy |
235 |
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Concluding Remarks |
239 |
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| BIBLIOGRAPHY |
240 |
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| APPENDIXES |
| A |
Study Committee Biographies |
253 |
| B |
Briefers to the Committee |
261 |
| C |
Networks: How the Internet Works |
263 |
| D |
Information Economics: A Primer |
271 |
| E |
Technologies for Intellectual Property Protection |
282 |
| F |
Copyright Education |
304 |
| G |
The Digital Millennium Copyright Act of 1998 and Circumvention of Technological Protection Measures |
311 |
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| INDEX |
331 |
