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Let's get digital - rights management in the electronic age
A major challenge faced by creators such as writers, illustrators, designers, and animators today is how to keep track of their work and their rights in the digital environment.
Digital technology has resulted in an enormous expansion in potential markets for content traders, producers and publishers, and the Internet has increased creators' opportunities to promote their work, establish relationships with new fans and earn income by tapping into niche markets.
Yet, all this technology has subsequently created an environment where payment for and protection of digitally delivered work is less predictable than when trading was based solely on physical objects like books, CDs and videos. In such an environment, copyright can be difficult to enforce.
Adopting a Digital Rights Management (DRM) system can help manage creative material and protect content from copyright infringement. They are management systems that use information about rights and rights holders to manage copyright material and the terms and conditions on which it is made available to users.
The system may be as simple as a spreadsheet that records copyright details and tracks the use of a particular work. Or, it might be an online or offline rights register, in which the rights and consents associated with material are recorded and made available to users.
For producers and publishers, more complex DRM systems can record, track and monitor rights for a range of existing and newly created materials. Where producers, publishers and creators are also traders, the content itself can be made available in digital format, protected by security features which are unlocked after agreement for use has been reached and payment made.
Charlie Chan-the award-winning composer and musician whose work was featured in the Australian film Me, Myself and I -can appreciate the value of a DRM system for creators.
'When I started thinking about things like DRM and payment processes, I realised how easy this is now. I mean, the code and the banking systems are there. But we sat and waited in the music world-we just buried our heads and hoped it would all go away!'
'I desperately wanted to make new music and to communicate, but I'd been knee-deep in other people's projects (film and TV mainly) and hadn't written much of my own music for a long time. I'd sold 55 000 CDs, had a pretty sexy website, and communicated endlessly with my audience. But, sadly, I hadn't grown with the changes in my own industry and developments in technology.'
'I asked my audience-those nice folks who buy my music, come to my concerts and visit my website-what they wanted. The responses were simple: "just give us more music and let us download it please-as fast as you can make it, we want to hear it!"'
Ms Chan considered her dilemma in very clear terms. She wanted to sell her MP3s online, but didn't really want to be in some massive index. She wanted to continue to develop her music on her own terms and not get lost in the digital maze. Ms Chan told her development team she wanted to make drastic changes and build a web-based space where she could upload her music, stream it for listening, collect a micro-payment and allow purchasers to download MP3s.
'I just wanted to participate in the revolution and, of course, do the thing I loved the most-deliver the music to my audience.'
So Ms Chan and her team set about building the online music store for www.charliechan.com.au and have found it to be an extraordinary experience.
'The development team believes that we are onto something and we are all consumed by the possibilities. It's timely in a way, as the inevitability of artist control is now at its height. With the deafening reality of iTunes selling 5.1 million MP3 downloads in less than six weeks, it's a pretty clear view from over here-the market has been tested and people are prepared to pay for MP3s.'
Ms Chan adds that she is confident that her music isn't likely to be swapped, compiled or burned onto the black market, making that indelible hole in her bank balance.
'The swapping thing is really the domain of the top 40 pop act, burdened now by the popular belief that music is just far too expensive.
'I guess when you pump a million dollars into a new performer you've got to work out how to get it back.
But, that's a world filled with amortisation algorithms and profit and loss statements-not filled with the sound of music.'
'I create music because I can reflect on my culture, my identity, my love and my sense of place. I create music because I think I can make a difference to people's lives. I am online because I can connect directly to my audience.'
With the help of an effective DRM system, creators like Charlie Chan can again focus their talents on their work without worrying about chasing or enforcing their rights. Ultimately, DRM allows creators to take advantage of new technologies and reach a greater number of potential customers.
'I don't think I know all the answers but, at least this time round, I have some confidence-I'm comfortable with the risks and I know deeply that what I am doing is now all about music,' said Ms Chan.
A comprehensive online Digital Rights Management Guide has been developed to provide ideas, information and resources to assist creators, producers and traders with the management of their works in the digital environment. Written for the Australian Government by the Australian Interactive Multimedia Industry Association, it covers DRM plans, DRM and the law and includes case studies and commentaries based on consultations with creative artists and organisations.
The Digital Rights Management Guide can be accessed from www.dcita.gov.au/ip.
The future of copyright
The Australian Government recently announced that Phillips Fox has been engaged to undertake a consultancy to inform the Government in its three-year review of the Copyright Amendment (Digital Agenda)Act 2000. Phillips Fox are due to report by the end of 2003.
The Act, which came into effect in March 2001, made a number of significant changes to the Copyright Act 1968, including the extension of library and educational use provisions to include digital material and the introduction of technological protection measures and digital rights management systems.
The Digital Agenda amendments were introduced by the Australian Government to meet the challenges posed by the Internet and other new communications technologies and place Australia at the forefront of international developments in online copyright law reform.
In recognition of the rapid pace of technological development, the Government committed itself to reviewing the impact of the legislation within three years of its commencement. The review is expected to be completed in 2004. Terms of reference for the review are available from the Attorney-General's Department, www.law.gov.au.
Phillips Fox are holding public forums to discuss the reforms in Melbourne on Thursday 14 August 2003 and in Sydney on Thursday 4 September 2003. Anyone interested in attending can contact Phillips Fox via email, digital.review@phillipsfox.c om. A number of issue papers will also be released for public consideration and response.