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Recently, there’s been a flurry of stories about Digital Rights Management (DRM) restrictions on the Amazon Kindle. Seems as if some users are finding out that they cannot transfer lawful purchases of Amazon ebooks to all their devices running the Kindle application. While it was unclear what was preventing downloads to authorized devices–a limit on downloads or a limit on authorized devices for one account–either restriction is a direct result of limitations within the rights associated with the eBook.
Stories about this problem can be found here and here.
These are great illustrations of the limitations of electronic books and e-reading devices. Because eBooks are digital works, providers can embed limitations within these products to prevent certain uses of eBooks. The problem is, such limitations within the file often restrict uses that would be held to be non-infringing under copyright law. This technology, which can limit a user’s access and control over a digital work, is called “Digital Rights Management,” or DRM.
DRM is controversial. Lets take a look after the cut.
DRM and Copyright Law
DRM and copyright law are not the same thing. Critics of DRM state that DRM extends what protections are available under copyright law. For example, under copyright law a user cannot make a copy of a protected work unless such copies fall under the fair use exemption. (17 U.S.C. §107). However, if the same work is in a digital format and DRM technologies are used, the user may not be able to make a copy at all, even if such a copy would also be considered fair use. eBook DRM protections also limit or prohibit sharing an ebook with another user. Under copyright law and the first sale doctrine (17 U.S.C. §109), an owner of a physical book would be able to share the book with others. DRM does not change this law, but rather just makes it difficult (or impossible!) for a user to access the eBook in such ways. Here, the digital content provider calls the shots and determines what rights the consumer may have, despite what they copyright law says.
In such instances, DRM and a license may restrict the user rights, so copyright law is not the only force at play. I’ll be looking into licenses in more detail in next week’s post. Just to separate the two: a license may restrict the user’s rights to the digital content through a contract between the content provider and the user. DRM may be a tool that enforces the limitations mentioned within this contract, or DRM may be used independently, without a license, to restrict the user’s access.
Supporters of DRM note that copyright law grants the holder the exclusive right to copy. With digital works, making copies is much easier than with a physical book. (Clicking to copy a file may takes seconds, while photocopying an entire book could take hours, and cost money!) While DRM protections are not the same as copyright law, realistically they can’t be. Copyright law is vague and often requires judgement on a case-by-case basis, whereas DRM is part of a digital file, and such technology needs to be more clear-cut.
Despite these arguments, there is new reason to question why we even need DRM on eBooks in the first place.
Is DRM Necessary?
DRM issues arise with all kinds of digital information–not just eBooks! Recently, DRM protections have been removed from most digital music files and audiobooks. For example, iTunes recently began a move to make the entire iTunes catalog DRM-free. Audiobook publishers such as Random House and HarperAudio are also beginning to offer DRM-free titles. Other major audiobook providers are also making plans for DRM-free files. Despite this movement, DRM restrictions are still alive and well in the eBook industry.
Why did music and audiobook providers decide to remove DRM? Some believe the presence of DRM is a factor in the lack of growth in digital music sales. Illegal downloads still occur more than legal ones do, yet DRM restrictions remain. Is DRM really preventing such illegal downloads, or is it just restricting lawful, paying customers from using the files as they would like to? Additionally, will removing DRM restriction hurt copyright protections and revenue? As both Apple and Audiobook providers recently began offering DRM-free files, the impact remains yet to be seen.
As you can see, DRM is a hot topic and very relevant to eBooks and e-readers. Next week, I hope to explore the implications of these restrictions–in conjunction with licensing restrictions–and explore what this means to both individual users and libraries. Stay tuned!
References
American Library Association. Digital rights management (DRM) & libraries. Retrieved June 26, 2009 from http://www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/digitalrights/digitalrightsmanagement.cfm
Coyle, K. (2003 Nov). The technology of rights: Digital rights management. Based on a talk originally given at the Library of Congress. Retrieved June 25 from http://www.kcoyle.net/drm_basics1.html.
Diaz, J. (2009 Jan. 26). iTunes gets DRM free, new prices, purchase over 3G. Gizmodo.com. Retrieved June 27, 2009, from http://gizmodo.com/5124588/itunes-gets-drm-free-new-prices-purchase-over-3g.
Garon, J. M. (2008). What if DRM fails?: Seeking patronage in the iwasteland and the virtual O. Michigan State Law Review 2008(1) 103-151.
Gordon, S. (2007 Feb. 9). The slow death of DRM. The Register. Retrieved from http://www.theregister.co.uk/2007/02/09/steve_gordon_drm/page2.html.
Reid, C. (2009). Audiobook publishers look to drop DRM. Publishers Weekly 256(4) 2.
