Open Access News

News from the open access movement


Wednesday, March 08, 2006

USACM weighs in on DRM and fair use

The US Association for Computational Mechanics (USACM) has released its Policy Recommendations on Digital Rights Management (February 2006). (Thanks to Ed Felten via Ray Corrigan.) Excerpt:
Copyright Balance: Because lawful use (including fair use) of copyrighted works is in the public’s best interest, a person wishing to make lawful use of copyrighted material should not be prevented from doing so. As such, DRM systems should be mechanisms for reinforcing existing legal constraints on behavior (arising from copyright law or by reasonable contract), not as mechanisms for creating new legal constraints. Appropriate technical and/or legal safeguards should be in place to preserve lawful uses in cases where DRM systems cannot distinguish lawful uses from infringing uses....

Research and Public Discourse: DRM systems and policies should not interfere with legitimate research, with discourse about research results, or with other matters of public concern. Laws and regulations concerning DRM should contain explicit provisions to protect this principle.

Targeted Policies: Public policies meant to reinforce copyright should be limited to applications where copyright interests are actually at stake. Laws and regulations concerning DRM should have limited scope, applying only where there is a realistic risk of copyright infringement.

Comment. Hear hear. If copyright law is really law, and not just a plea to content companies, then fair use should supersede DRM, not vice versa.