DRM: Protecting US Intellectual Rights: The Internet, The Need for International Laws-Yay: Russia, I Agree.






Digital Rights Management: Our US Constitution Protects More: Intellectual Property Rights



















Capella University, MS Computer Science,

Qualified NSA Training, IAS5002

Miss. Bayo Elizabeth Cary, AA, BA, MLIS

Research Paper Unit 4, Assignment 1 Due: 11-5-2017

Professor: Dr. Susan Ferebee



















Miss. Bayo Elizabeth Cary, AA, BA, MLIS

400 NW 1st Avenue, Apartment: 410

Gainesville, FL 32601





11-5-2017



Response By: Miss. Bayo Elizabeth Cary, AA, BA, MLIS

Unit 4 Assignment 1 Final DRM



Directions:

You are a Principal Information Assurance and Security Analyst for a well-known music producing company in California. Due to the increase in illegal production of music and videos, the Chief Security Officer (CSO) has tasked you with developing a security policy on digital rights management (DRM). Part of the task, is to research and report back to them on the current laws, statutes, and regulations that focus on DRM. You are asked to identify specific laws, regulations, and statutes and develop a new policy to be distributed corporate-wide.

Use the study materials and engage in any additional research needed to fill in knowledge gaps. Write a 3–4 page paper that covers the following:

·         Describe five applicable federal, state, and local laws, regulations, or statutes that relate to DRM.

·         Analyze the objectives and challenges of enforcing federal state and local DRM laws, regulations, or statutes.

·         Identify the current practices among federal, state, and local law enforcement related to DRM.

·         Develop an e-mail-type communication announcing the new policy including:

·         Reason for the new policy.

·         Specific details of what constitutes legal and illegal copyrights.

·         Potential ramifications for violations.

















Researched Response By:

Miss. Bayo Elizabeth Cary, AA, BA, MLIS





1.      Describe five applicable federal, state, and local laws, regulations, or statutes that relate to DRM.

US Federal Laws: US Copyright Law:
 
I) The Contemporary US Copyright Law of 1976 (LOC, Copyright.gov Appendix A, 1976): 
   
     "The Copyright Act of 1976, which provides the basic framework for the current copyright law, was enacted on October 19, 1976, as Pub. L. No. 94-553, 90 Stat. 2541" (LOC, Copyright.gov title 17, 1976). The US Copyright laws, are a permanent asset, for the American people. As an American, I have a fundamental right, to own what I create. At no given time, is it legal, for other persons-even from other countries, to steal what I have originally designed. My copyright protections, have been endowed upon me, as an American citizen, through the US Constitution, and are not alterable, and are protected, as such.

II) The Digital Millennium Act of 1998 (LOC, Appendix B, 1998):

      The growth of the Internet, and the increased use, by: music, film, and other industries-such, as authors, made it necessary, in 1998, for the US Congress, to amend the US copyright statutes, pertaining to US copyright laws. The laws became stricter, and not more relaxed, in-regards-to the rights of the original owner, and the legal obligations, of any persons: purchasing, borrowing, listening, watching, or reading-what is posted online, to provide, full, and legally required attributions, to the original producer. Additionally, the US government, decided to support, a strict reinforcement, of financial compensation, that is legally due, to: artists, film makers, writers, etc., who post entertainment, and news online-when, re-compensation is due, and when, copyrights had been infringed upon. 

III) The Copy Right and Royalty Distribution Reform Act of 2004 (LOC, Appendix C, 2004):

        Although the US, has a long history, of well-defined copyright laws, to protect the original creator, and artist, of any given work produced-in 2004, issues revolving around copyright infringement, became a pressing matter, for the US legal system. Music, was the primary bone of contention. Individual, who purchased music online, from providers, like, the Steve Jobs iTunes, were illegally, copying, and reproducing the songs-although, they had only paid, for 1 download. There was such an onslaught, of pressure, on business mogul: Steve Jobs, and his iTunes online web services, that in: 2007, Jobs opted, to try removing the DRM rights, to music, bought and shared online (Smith& Wingfield, 2007, p. 1).

      In theory, what Mr. Jobs, wanted to do, for music listeners, and song traders, was kind and generous. In reality, removing all DRM, from music sold, or traded online, is not legal, and even Mr. Jobs-cannot be above, US: laws, rule, statutes, and regulations. It would have been a complete disaster, for musicians, or for anyone else, who works hard-at even a research paper, for US law, to agree-with Mr. Jobs. In legal studies, the situation, that Mr. Jobs, worked hard to arrange, would have initiated, what is called, a: "slippery slope." Antagonists, against the re-enforcement, of US copyright laws, would have then begun to argue, that-no copyright laws, should exist in the US at all, and, that anything posted online, is free-with no attribution due.

IV) Appendix E: The Intellectual Property Protection and Courts Amendments Act of 2004 (LOC, Appendix E, 2004):

       Stealing someone else's intellectual property, is a criminal matter. However, the: "Intellectual Property Protection and Courts Amendment Act of 2004," reasserts, the rights, of a copyright owner, to take issues pertaining to copyright infringement, to the civil courts systems (LOC, Appendix E, 2004). Oft times, when there is a criminal matter, and the procedures, are restricted, to the criminal court systems, then, it is too difficult, to prosecute, when US laws, pertaining to: copyright infringement, have occurred. "Substantive," the issue of the complaints, must state, the entire reason, for the legal complaint, and if, the matter, could not be clearly defined, as strictly a criminal problem-then, the defendant, could not prosecute-without legal access, to the civil courts.

V) Appendix F: The Prioritizing Code and Organization for Intellectual Property Act of 2008: Title--18 Crimes and Criminal Procedure US Code:

       The United States, has a great deal of trouble, reinforcing US laws, outside of the US. The Internet, is not confined to the boundaries, and limitations, of the contiguous United States, or even to our presently, annexed states abroad. The Internet, containing a multitude, of valuable intellectual: products, and properties, is available Internationally. This act, can to be revised, and re-introduced by the US Congress, in: 2008, because, US companies, and individuals, began to lose, monstrous amounts of: time, money, property, information, and data-because, of the increased access, of US websites, by International patrons (LOC, Appendix F, 2008). The United States, is supposed to work hard, to defend financial property, that is produced by Americans, or-within the United States, it is how, the US economy survives.


2.      Analyze the objectives and challenges of enforcing federal state and local DRM laws, regulations, or statutes:

       The United States government, established, and supports copyright: laws, rules, statutes, regulations, and reinforcements (LOC, Copyright.gov Office, n.d.). Copyright laws, protect the original author, of any given digital production effort. Without copyright laws, the original producer, would not be granted, any attribution, for the works. In the United States, plagiarism is illegal-because, it is stealing works, from the original creator. Time, and effort, are money, and skill-and, because, it is illegal to steal from someone-full attribution, must be granted, on every instance, that copyrights, are established-regardless.

          There are large groups of individuals, who have established non-profit, and charity organizations in the US, to: lobby politically, and to argue against: copyrights. For instance, The American Association of Law Librarians (AALL)-a professional organization, that formally belonged to, argues that, DRM is restrictive, and prevents consumers from copying, music, video, or any other digitally formatted products, that they have purchased (AALL, 2017).

     Organizations, like AALL, who support de-criminalizing violations, of US copyright laws, always argue as defendants: "Fair Use," in court. Proponents of: "Fair Use," defense, for copyright infringement law suits, are insulting the integrity, of the original creator, and producer, of any original work of art, and at the very same time-systematically, ruining the US economy (Boudreau, et. al., 2003, p.19). Stealing, is stealing. Because something is available online, does not mean that it is free, and, it had to come from somewhere-US copyright laws, are legally enforceable, and require full attribution to be given, to the original creator.

           In addition, to various organizations-usually immigrants, who are anti-American, and who oppose the US Constitution, who speak out-openly, on the Internet, and in public gatherings, against US copyright laws, Americans have to worry, about people who log-on line, to the Internet, in other countries. In America, we should all understand, that stealing is prohibited, whether that be, your neighbors couch, or microwave, or-the homework that was just completed last night. The same rules apply, for any information, and data posted online-regardless, or whether-or-not, what is uploaded to share, is a: song, video, or your latest research paper.

         Other countries, have different rules, values, and laws. Here in the US, theoretically, US: rules, laws, statutes, and regulations, can be reinforced, through the US courts systems, as either, a: civil or criminal matter. When someone, in another country, steals intellectual property, from an American, offline, the reinforcement, of US property and copyrights, can be much more impossible, to reinforce. The Internet is ubiquitous now-with very few exceptions. The Internet reaches, all ends of the globe, and one must make choices, and take risks. As a creator, and producer, one must weigh, the risks of needing to: sell, and share information online, with an International audience, and-worry some, about what may be illegally stolen, when full attribution, is not given.
 

3.      Identify the current practices among federal, state, and local law enforcement related to DRM:

The future of privacy is increasingly linked to the future of copyright enforcement. In their push to control the proliferation of unauthorized copies, and to maximize profit from information goods distributed over the Internet, copyright owners and their technology partners are designing digital rights management (DRM) technologies that will allow more perfect control over access to and use of digital files. The same capabilities that enable more perfect control also implicate the privacy interests of users of information goods. (Cohen, 2003, Introduction)

Individuals, who produce original works of art, and post them online, have available to them, several ways, to attempt to protect, what they have decided, to generously share:

1.      License Agreement;

2.      US Legal Protections;

3.      The Exact Rights, and Rights Retained by the Licensor-Creative Commons. (Boudreau, et. al., 2003, p.16)

Specifically, in-regards-to music rights, and distribution, there are available online, 3 major DRM license holders, that can be contacted, if an individual, is interested, in purchasing the rights, to: play, or in any other way alter, the original musical creations, of an American musician (Boudreau, et. al., 2003, p. 16):

1.      American Society of Composers, Authors and Publishers (ASCAP);

2.      Broadcast Music Incorporated (BMI);

3.      SESAC. (Boudreau, et., al., 2003, p. 16)

The biggest challenge, purportedly, is to protect American music artists, from the threat posed, by the International markets-whereby, other countries, are not legally obligated, to respect, or to respond, to US laws. To combat music theft online, BMI, joined, with 5 other, International music license groups, in: 2000, to sign an International agreement, on how online sales, and copyright laws, are to be handled (Boudreau, et. al., 2003, p. 16):

1.      BMI-United States;

2.      BUMA-Holland;

3.      GEMA-Germany;

4.      PRS-UK;

5.      SACEM-France. (Boudreau, et. al., 2003, p. 16)

The US: rules, laws, statutes, and regulations, specifically protecting music, and online sound recordings, are complicated, and the music, is never free. There are charges, which are applicable, dependent upon, where the music is played, how much of a song is used, how famous the original musician was, and, how long the music will be made available, etc. More information, regarding the regulation, of: music, sounds, and MP3 recordings in general, can gained, by contacting, various organizations, and businesses, that are employed, to control the American music industry:

1.      The Harry Fox Agency;

2.      Recording Industry Association of America (RIAA);

3.      ASCAP;

4.      US Copyright Office. (Boudreau, et. al., 2003, p. 17)

When in doubt, about the copyrights, of any particular items, located on the Internet, the first, and most appropriate step to take, if you would like to copy, and to use the materials, is to contact the original creator, to request permission (Boudreau, et., al., 2003, p. 17).

           Under circumstances, where, you are unable to locate, the original creator, of any given work, posted online, then: The United States copyright office, is supposed to assist you, in establishing attribution, for what you have located online (Boudreau, et. al., 2003, p. 17). There are steps, that you are legally required to follow, and that, are available through the US copyright office, if you have located, some original work, online, and, you are unable to locate the author, to request permission, to use-or, if you are unable to locate the original creator, to give the legally required full attribution (Boudreau, et. al., 2003, p. 17).

         There are currently, 3 main copyright laws, in the US, that are intended to protect, the rights, of musicians, what they create, and what they chose to share online:

1.      US Copyright Act;

2.      Audio Home Recording Act (1992);

3.      Digital Millennium Act (1998). (Boudreau, et. al., 2003, p. 17)

Presently, violations of US copyright: rules, laws, statutes, and regulations, can be dealt with, through the US courts systems. Violations, of US copyright laws, can be dealt with, as a civil, or criminal matter-or both. Procedures, for filing a suit, against an individual, organization, or foreign entity, who have infringed upon your personal copyrights, also known as DRM, can be gained, by contacting a US attorney, who is a member of a US Bar Association, or, by contacting a US court.

4.         Develop an e-mail-type communication announcing the new policy including:

A.    Reason for the new policy;

B.     Specific details of what constitutes legal and illegal copyrights;

C.     Potential ramifications for violations.



Email:



To: General Office Staff-Listserv

From: Office Management

Date: November 5, 2017

Subject: 



DRM: Current US Law: Increasing Digital Security: Protect and Serve Our Clients



To Whom It May Concern:



Introduction and Reasons for New DRM Company Policy:

     Good morning. I am sending out a listserv announcement today, via our company email service-to prep staff, for our scheduled meeting, at the end of the week, to discuss: DRM, current US laws, and how we as a company, can increase security measures, to protect our clientele, and our bottom line. It has been recently brought to my attention, our music producing clientele, are loosing earnings online line, due to an increase, of illegal copyright infringements-whereby, music, and sound recordings, are being downloaded, and then re-produced-oft time, without payment, or required attributions.



Background Research DRM and US Law-Details of What Constitutes, Legal and Illegal US of Intellectual Property:

     US law, supports the rights, of our clients, to own, and to sell, and to regulate the reproduction, of their own original productions-whether, they be posted online, and available for purchase there, or not. US laws, support prosecution, in any cases, whereby, information, has been stolen, from an original owner-whether the information, is posted online, in the form of digital data, or not. The challenge, I think, is deciding as a company, how to move forward, with a litigious matter. We will have to gather the legal evidence, in the correct forms, to support legal cases, to defend our clientele, and their ownership rights.



Potential Consequences and Legal Ramifications, of Copyright (DRM) Violations:

      The legal consequences, in the US, of stealing intellectual property, can be through either, a: civil, or criminal-or both, court proceeding. Stealing intellectual property, is a major crime, and must be dealt with accordingly. Although generally, the punishment, for stealing the original works of another producer, are usually financial, in extreme cases-jail time, even imprisonment, is possible. As a company, we have-to-take, the lives, and the artistical, and other original works, of our clientele seriously.

       The original work, of any given individual, whether it be: music, video/film, research or writing, inventions, etc.-take time, energy, creatively, and a thought process, that belongs solely to the creator. In defense, of an American's rights to private ownership, our legal department, has been informed, that we will be moving forward, with court proceedings-we will be prosecuting. Our industry, and company, that was established, to protect the intellectual property rights, of our clientele, have to keep a wary eye, for organizations, like: AALL, and academics, like: Lessig, who argue for: "open politics"-on the far-Left, to deregulate, and all DRM, that would control, protect, secure and manage, digital information-that is shared online (Chang, 2005, p. 236).



Conclusion: Please Appraise Yourself, with The Current Legal Statutes, and Organizations in the US, Who Are in Full Support, of US (DRM) Copyright Laws:



A List of the Current Legal Statutes:

1.      US Copyright Act;

2.      Audio Home Recording Act;

3.      Digital Millennium Act. (Boudreau, et. al., 2003, p. 17)



US Copy Right Act:

      The US Copy Right Act protects the original artist, before a license agreement is signed, by giving him or her: ". . .Exclusive rights, to: public performance, reproduction, distribution, and all derivative works" (Boudreau, et., al., 2003, p. 18).

Audio Home Recording Act (1992):

      The Audio Home Recording Act, protects only sound recordings, and, the sound, and music recordings, of individuals, who purchase, and use their own, at home recording devices-by, supporting, and reinforcing, the sound recording copyright laws, for music made-privately, at home, and outside, of a formal and private sound recording studio (Boudreau, et., al., 2003, p. 19-20).

Digital Millennium Copy Right Act (1998):

      The Digital Millennium Copy Right Act, encouraged Americans to share, and to post: information, music, videos/film, research papers, etc., online, by promising provisions, that increase legal protections, against those who would abuse the US Constitutional rights of others, by stealing, and illegally reproducing, what is shared online (Boudreau, et. al., 2003, p. 20).



A List of the Current Organizations Supporting the US Music Industry and DRM:

1.      American Society of Composers, Authors and Publishers (ASCAP);

2.      Broadcast Music Incorporated (BMI);

3.      SESAC;

4.      The Harry Fox Agency;

5.      Recording Industry Association of America (RIAA);

6.      ASCAP;

7.      US Copyright Office. (Boudreau, et., al., 2003, p. 16-17)





Additional Online Resources:

US Copyright Office (n.d.) https://www.copyright.gov/ ;

Creative Commons.org (2016) https://creativecommons.org/ ;

CCMixter.org (n.d.) http://ccmixter.org/ -Creative Commons in Action.



Closing Statements:

Thank you, for your time, and your attention, regarding the serious, and pressing matter, that has been briefly discussed above. I look forward to gaining your personal and professional, insight, into the situation, at our next, and scheduled meeting. Please take the time, to engage in additional research, regarding the issues of: DRM, and increasing the protections available, for our clients. I greatly appreciate, your continued enthusiasm, and contributions.



Sincerely,





Miss. Bayo Elizabeth Cary, AA, BA, MLIS

CEO, President, Acting Director



References



American Association of Law Librarians. (AALL). (2017). DRM (Digital Rights Management). American Association of Law Librarians: Your Knowledge Network. Retrieved from https://www.aallnet.org/Documents/Government-Relations/Copyright-2/DRM.html



Boudreau, David, K., Coats, William, Sloan, and, Feeman, Vickie, L. (2003). Hot Issues in Copyright and Trademark Licensing. Computer and Internet Lawyer. Vol. 20, 2. p. 16-32. ABI/INFORM Collection.



CCMixter.org. (n.d.). Music Connects US. CCMixter.org: Music: How It Works. Retrieved from www.http://ccmixter.org/



Chang, Yu-Lin. (2005). Does Lessig's Criticism of Digital Rights Management Target One Technology That the Information Industries Desire More Than They Can Actually Provide? International Review of Law Computers and Technology. Vol. 19, No. 3. p. 235-252. Retrieved from DOI: 10.1080/13600860500348028



Cohen, Julie E. (2003). DRM and Privacy. Berkeley Technological Law Journal, Vol. 18, p. 575-617, Georgetown Public Law Research Paper No. 372741. Retrieved from SSRN: https://ssrn.com/abstract=372741 or http://dx.doi.org/10.2139/ssrn.372741



Creative Commons. (2016). State of the Commons 2016. Creative Commons: State of the Commons 2016. Retrieved from https://creativecommons.org/



Library of Congress. (1976). US Copyright Laws: Appendix A: The Copyright Act of 1976. Copyright.gov: US Copyright Office: Appendix A: Title 17. Retrieved from https://www.copyright.gov/title17/92appa.html



Library of Congress. (1998). US Copyright Laws: Appendix B: The Digital Millennium Act of 1998. Copyright.gov: US Copyright Office: Appendix B. Retrieved from https://www.copyright.gov/title17/92appb.html



Library of Congress. (2004). US Copyright Laws: Appendix C: The Royalty and Distrbution Reform Act of 2004. Copyright.gov: US Copyright Office: Appendix C. Retrieved from https://www.copyright.gov/title17/92appc.html



Library of Congress. (2004). US Copyright Laws: Appendix E: The Intellectual Property and Protection and Court Amendments Acts of 2004. Copyright.gov: US Copyright Office: Appendix E. Retrieved from https://www.copyright.gov/title17/92appe.html



Library of Congress. (2008). US Copyright Laws: Appendix F: The Prioritizing Resources and Organization for Intellectual Property Act of 2008: Title 18--Crimes and Criminal Procedure, US Code. Copyright.gov: US Copyright Office: Appendix F. Retrieved from https://www.copyright.gov/title17/92appf.html



Library of Congress. (n.d.) US Copyright Laws: Title 17. Copyright.gov: US Copyright Office. Retrieved from https://www.copyright.gov/title17/



Smith, Ethan, Wingfield, Nick. (2007). Jobs' New Tune Raises Pressure on Music

Firms; Apple Chief Now Favors Making Downloads of Songs Freely Tradable. Wall Street Journal: Eastern Edition. p. 1-6. Retrieved from www.proquest.com








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