1. Theme: Development of Digital Libraries in IPR Regime Subtheme: Digital Rights ManagementHimanshu Chandra Sudhanshu chandra Dr. Ram Manohar Lohiya National Law University

2. Introduction The topic of digital rights management technologies becomes more and more important for the modern society. Since technology is constantly developing and the numbers of consumers are growing, it is not surprising that people want and should be more aware of what their rights and obligations in the high-tech world are. Digital Rights Management is a new and evolving technology that restricts a person from doing things over the Internet. It is a general term used to describe any type of technology that aims to stop the practice of piracy 1. Digital Rights Management is like a software code used to manage the rights of copyright owners when any copyrighted material like books or songs are transmitted digitally2. The purpose of such a method is to control the access of online content and limit its usage, for example, limiting the reading of an e-book in a library. Only a part of the original article or e-book is available for reading purposes if such a technique is used. By incorporating controls within the product, providers can limit the amount of information that is to be made public and thus prevent the copyright infringing material to be available on the Internet. Digital Rights Management in the present scenario has to be carefully balanced in order to provide for the information needs of students in libraries.1.http://www.howstuffworks.com/drm.htm 2.Imprisoning the consumer behind a digital wall, the Hindu 3. Digital Rights Management poses one of the greatest challenges for content communities in this digital age. Traditional rights management of physical materials benefited from the materials' physicality as this provided some barrier to unauthorized exploitation of content. However, today we already see serious breaches of copyright law because of the ease with which digital files can be copied and transmitted. Previously, Digital Rights Management (DRM) focused on security and encryption as a means of solving the issue of unauthorized copying that is, lock the content and limit its distribution to only those who pay. This was the first-generation of DRM, and it represented a substantial narrowing of the real and broader capabilities of DRM. The second-generation of DRM covers the description, identification, trading, protection, monitoring and tracking of all forms of rights usages over both tangible and intangible assets including management of rights holders relationships. Additionally, it is important to note that DRM is the "digital management of rights" and not the "management of digital rights". That is, DRM manages all rights, not only the rights applicable to permissions over digital content. 4. Where DRM technologies are used 1) Online Music/Videos: One of the wide spread examples for data where DRM protection technologies are used are online audio and video files (or at least, legally available online audio and video files). That is also logical, because the distributors need a way in which they can prove whether the user has bought the license for the product or not. We can find DRM systems in the Apples iTunes store, Yahoo! Music, etc. Apple uses the Advanced Audio Coding format (AAC), which protects the audio data inside the file by encryption. If you choose to be a customer of Music load and buy their DRM protected music, you will be allowed to burn it on a CD or transfer it between your computer and portable music player only in case you have the valid license as well. This is a second file you receive along with the music file when you purchase the track. You also need the license in order to play the music at all. Your system and portable devices must be DRM compatible and the whole scheme works only under Windows. 5. 2) Audio and Video CDs/DVDs: DRM technologies are also used to prevent you from copying your audio or video CDs and DVDs or from playing them under some conditions. Currently arising technologies like the Blu-ray disc and the HD-DVD take a great advantage of DRM systems as well. You need a TV which supports digital encryption via a HDMI port3 or DVI port. If you wish to watch the Blu-ray disc on your PC, your video card and monitor should be HDCP compliant as well. Additionally, you can be charged money for making backup copies and your player should be connected to the Internet in order to play the disc. Furthermore, Blu-ray discs and HD-DVDs are generally not compatible with free software, so they cannot be run on systems which do not use Windows or Mac OS. 3) E-Books: E-books are another media type which uses DRM protection technologies aiming to limit the copying, printing, and sharing of the data. E-books are usually limited to a certain number of reading devices (PCs or portable readers) and often any copying or printing is forbidden. In order for these measures to be applied and managed, different software products are used. The most popular of these are the Adobe Acrobat Reader and the Microsoft Reader. Using Adobe Acrobat Reader you are able to read both DRM protected and DRM free documents. You can easily find out what the specific restrictions (if any) applied to the certain file are by selecting Document properties/Security. With Adobe Acrobat you can control the printing, copying (of the whole document as well as of parts of the document), commenting, signing, document assembly, and other properties of the work you create. 3. High-Definition Multimedia Interface provides an interface between any audio/video source, such as a set-top box, DVD player, or A/V receiver and an audio and/or video monitor, such as a digital television (DTV), over a single cable. 6. 4) Software: Games, financial software, other products. The most popular example are probably computer games. However, this applies to all kinds of programs which are not issued under a Free Software license, like picture and media processing software, dictionaries, encyclopedias, etc, and most importantly, financial and other kinds of corporative software. In the case of computer games and other programs aimed at the average consumer the goal is preventing the use of the product for people who have not bought the license. Measures such as copy prohibition (or hindered copying of the source, so that afterwards the copy is unreadable), the requirement of the original CD/DVD in your CD or DVD-ROM drive to run the program and, of course, protection of the product with a license key are often used. In the simplest version you get the key at the purchase of the software. In the case of the AutoCAD design application for example, you get one key at the purchase. Then you have to register your copy online and get another key in order to actually run the software. For professional products such as money transfer managing suites etc, it is naturally essential to ensure that no unauthorized use of the product and alteration of the data occur. Consequently, digital rights are managed through a complicated system of passwords, authentication keys, integrity checks etc 7. Key concerns for libraries The principal policy issues for libraries and schools are not derived from DRM technology, itself, but from the business models the content industry chooses to enforce. DRM has uses far beyond simply enforcing traditional and long-standing protections extant in current law. By embedding controls within the product, providers can prevent the public from use that is non-infringing under copyright law as well as enforce restrictions that extend far beyond those specific rights enumerated in the Copyright Act (or other laws). Thus, DRM changes the fundamental relationship between the creators, publishers, and users, to the detriment of creators, users, and the institutions that serve them. DRM, if not carefully balanced, limits the ability of libraries and schools to serve the information needs of their users and their communities in several ways by: Eliminating the First sale doctrine by limiting the secondary transfer of works to others. It is first sale that allows people to share a favorite book or CD with a friend and that creates secondary markets for works. It is first sale that allows libraries to loan lawfully acquired works to the public. Enforcing a Pay-per-use model of information dissemination that, if it becomes the dominant or even sole mode of access, will be contrary to the public purposes of copyright law. It should not be the business of government to favor or enforce any particular business model in the information marketplace, particularly one that raises major issues of equity and potentially severe economic consequences for public institutions. Enforcing time limits or other limitations of use that prevent preservation and archiving. Many market models of DRM distribution systems envision content that essentially disappears after a specific period of time or number of uses. DRM technologies can also prevent copying content into new formats. Such controls will prevent libraries, historical archives, museums, research institutions, and other cultural institutions from preserving and providing long-term access to the knowledge products of our society. From the days of the Great Library of Alexandria, society has turned to such institutions to preserve its cultural heritage and provide access to it. There is no evidence that alternative organizations currently exist or will form to play that role in the digital pay-per-use world. Eliminating fair use and other exceptions in Copyright Law that underpin education, criticism, and scholarship. DRM technology can prevent normal uses of works protected by copyright law, such as printing or excising portions for quotation. For libraries and schools to serve their educational, research, and information roles, the public must be able to use works in the full range of ways envisioned by the Copyright Act in its limitations and exceptions. 8. Digital Rights Management in Libraries Digital Rights Management is a technique adopted in libraries by which the amount of information available to the public can be limited. Libraries over the years have been actively involved in delivering works in digital formats. This is achieved in two ways, firstly one in which users has access to all the information and there are no restrictions on how many users can access it at a time. Secondly, there is a limited way of delivering information. These modes of disseminating information are known as the all you can eat model and one user model. The all you can eat model is primarily used for research materials, especially journal articles. With the development of large databases of digital full text, academic library users are well-served with instant access to a significant collection of materials. Access to these journal articles is through an institutional subscription, not unlike the subscription to the same materials in paper format4. DRM is a technology that allows copyright owners to regulate and manage their content when it is disseminated in a digital format, and it is the reason that some patrons cannot access some of the downloadable digital content that libraries provide5. One instance could be that a person on buying a book can read it anywhere he wants, but the same cannot be done with e-books because of Digital Rights Management.4. http://www.indicare.org/tiki-read_article.php?articleId=95, the role of libraries in digital delivery systems. 9. DRM: Advantages and Disadvantages DRM attempts to protect the copyright holders intellectual property rights. Does not generally use other forms of copy protection such as serial keys and key files. Allow for secure content delivery for the consumer. Allows for content providers to monitor sales of their products more efficienty. Cuts down on the amount of piracy for a given piece of software. Is very restrictive to the consumer in usage. Is heavily reliant on licenses which could expire, leaving the consumer with software they paid for no longer works. It is fairly ineffective in stopping software piracy Not popular with the majority of consumer. Various compatibility issues. 10. Conclusion Thus far, there have been no provisions in the Indian Copyright Act, 1957 which deal with Digital Rights Management (DRM). The Copyright Act encourages authors to share their creative works with society. The Constitution sets forth the purpose of copyright protection as the promotion of the Progress of Science, not the rewarding of authors. However, DRM offers and encourages a pay-per-use business model that doesnt seem to be going anywhere. Digital technologies are now constant part of the everyday life of millions of people all over the world. That is why it is vital to be informed what your rights, privileges and obligation concerning these technologies are. The current paper has provided a broad overview on the topic. It has been shown that Digital Rights Management technologies surround us at home, at work, in our leisure time. The paper summarizes the most common implementations of these technologies and gives a brief input on the most common ways on which they are surmounted. Further, the technical side of the problem is compared to the legal, underlining that copyright protection laws and DRM technologies are different things and that often, the DRM technologies exceed the legal rights and obligations they have been given by law.