This document discusses the challenges and opportunities for publishers in a post-DMCA digital world. It outlines the complexity of rights management for individual works, which may include underlying rights. It also discusses the expectations of accessibility and speed in the digital world, and the legal challenges around copyright laws. Publishers have opportunities to increase revenue and enhance services through digital rights management solutions and multiple entry points for customers.

1. Digital Delivery in a
Post DMCA World:
Challenges & Opportunities
for Publishers
copyright.com
Bruce Funkhouser
VP – International &
Business Operations
May 30, 2003

2. Copyright
To promote the Progress of
Science and useful Arts,
copyright.com
by securing for limited
Times to Authors and
Inventors the exclusive
Right to their respective
Writings and Discoveries –
Constitution of the United States of
America

3. Intellectual Property
Management in the 21st
Century
• Drivers
copyright.com
• Actuality
• Systems & Tools

4. Intellectual Property
Management in the 21st
Century
• Drivers
copyright.com – Technology
– Laws
• Government
• Commerce

5. Technological
Challenges
• The Digital Dilemma
copyright.com
• Complexity
• Expectations

6. The Digital Dilemma
• Technologically
– Perfect digital reproduction - An "nth
copyright.com generation" copy is as good as the
original
– Global distribution without cost -
Distribution costs no longer limit
proliferation
• Financially
– No economies of scale for large
printings
– Transitioning from print to digital

7. Complexity of Rights...
• Individual Works May Have Many
copyright.com
Underlying Rights

8. Individual Works May
Have Underlying Rights
Book
(Work) (Hardcover)
Comic Book Foreign Pub.
TV Series Reading/Tape
(Work) (For translation outside;
Photocopying Paperback Play Digital (Work) (Performance Right of Book)
Domestic translation)
(Medium of (Work) (Medium of Distribution?)
(Type Of Use Set)
copyright.com Distribution) (or Work?)
"Permanent"
Intranet Internet
CD ROM Dat
Director/Producer Music Animation Actor Screenwriter
(Contributor) (Work) (Work) (Contributor) (Contributor)
Sheet Music Record Movie
(Work) (Work) (Work)
(Right to Produce
Book from Movie
Audiovisual Product)
(Work)
Performance Subsidiary
Right Recording Right
(ASCAP) (Commercial)
Pay Per
First Run Second Run Home Video Cable Free TV
View

9. Complexity of Rights...
• Individual Works May Have Many
copyright.com
Underlying Rights
• Works May Be Comprised Of
Many Granular Works

10. Works May Be Comprised
Of Many Granular Works
copyright.com Text
Chapter/
Book Article
Photograph
Illustration

11. Works May Be Comprised
Of Many Granular Works
Author
Publisher
Reproduction
Distribution
copyright.com Text Public Display
Photographer
Reproduction
Article Photograph Distribution
Author
Publisher
Photographer
Graphic Artist Graphic Artist
Reproduction Illustration
Distribution
Public Display

12. Complexity of Rights...
• Individual Works May Have Many
copyright.com
Underlying Rights
• Works May Be Comprised Of
Many Granular Works
• Changes In Ownership Over Time
• Uses Not Anticipated At Time Of
Creation May Be Required

13. Expectations of the
Digital World
• Speed
copyright.com
Moore’s Law
.com
Application development
• Access

14. Access
• Internet as Library
copyright.com
• Internet as Communications Tool
• Internet as Democratizing Agent
• Internet as Source of Wealth

15. Legal Challenges
• Constitution of the United States
copyright.com
• Copyright Act of 1976
• Digital Millennium Copyright Act
• TEACH

16. Laws of Digital Commerce
• The Law Of Inverse Pricing
copyright.com
• The Law of Plentitude
• The Law of Devolution
• The Law of Churn

17. Opportunities for
Rightsholders,
Aggregators, and
Information Providers
copyright.com
• Increase revenue
• Enhance service to customers
• Protect intellectual property
• Decrease overhead burden

18. Opportunities for Librarians
Researchers, and
Information Users
copyright.com
• Access
• Internet time
• Ease of use
• Decrease costs

19. The Hurdles
• Barriers to entry
• Developing infrastructure to
copyright.com
exploit opportunities
• Minimizing disruption to business
• Profiting from E-commerce for
permissioning without the
technology investment

20. Current Approaches
• Give it away
copyright.com
• Lock it up
• Ostrich
• Repertory
• Transactional

21. Solution
• Remove barriers to entry
copyright.com • Improve service
• Have multiple entry points
• Meet the customer
• Trust the customer
• Maintain consistency

22. Digital Rights
Management Solutions
• Licensing at the source
copyright.com • Licensing on the content
• Licensing by the users
• Licensing via 3rd parties
– Reproduction Rights Organizations
(RROs)
– Aggregators
– Document Delivers

23. Digital Delivery in a
Post DMCA World:
Challenges & Opportunities
for Publishers
copyright.com