Digital Rights Management: Issues for Digital Libraries
Dr. Parul Zaveri
Associate Professor
SHPT School of Library Science
SNDT Women’s University, Mumbai
Parulzaveri2004@yahoo.co.in
M: 09769682747
Abstract: Digital Rights Management (DRM) is an important issue not only for the copyright owner
but also for digital libraries and its users. In the internet era it is extremely important to understand
implications of DRM to digital content. There are many technologies existing to practice or implement
DRM to digital content by copyright owner. DRM application to digital resources will also affect
digital libraries. The library professionals need to understand DRM application in libraries. In India,
DRM is not practiced well and recently in the Copyright Amendment Act 2012, has introduced DRM
and its implementation in India.
Keywords: Digital Rights Management, DRM, Copyright, Digital Libraries
1.1 Introduction
The copyright laws of many countries were created or written before proliferation of digital technology.
As these laws were created much earlier, focus was more on non-digital resources like printed books,
and did not cover digital resources like e-books, e-journals. Issues related to copyright infringement due
to increased use of digital technology has been faced by many countries since last 15 years. An attempt
has been made by many countries now to amend copyright law to control rights of authors and use of
digital data in the internet era. Rights described for management of digital content is considered as
Digital Rights Management (DRM). Digital rights management can be applied to any digital content by
the creator or the publisher of the digital content. Several technologies are used to implement DRM to
digital documents so that misuse of digital data can be controlled. Especially DRM applications are
more important in entertainment industry where illegal copying, downloading of music and films are
very common.
“The purpose of DRM technology is to control access to, track and limit uses of digital works. These
controls are normally imbedded in the work and accompany it when it is distributed to the consumer.
DRM systems are intended to operate after a user has obtained access to the work. It is in this
“downstream” control over consumer use of legitimately acquired works that DRM presents serious
issues for libraries and users”. (ALA, 2013)
DRM is more used to control usage of digital data and content creator or rights holder can decide type
of DRM technology to be tied with the digital content. For example DRM technology may decide
 Once downloaded document can be copied on multiple devices at multiple locations (PC at
home and office, mobile, laptop, tablet, e-readers etc. by the end user
 In a specific time period how many downloads are allowed (limited or unlimited download
from a database)
 Will the user be allowed to copy, print that digital content
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Whether user can use downloaded data for presentation, in course work, can make multiple
copies for distribution
For how long user will be allowed to retain say for example e-book
How and who will be provided access to digital content over networks
DRM allows a rights holder (author/publisher) to use digital rights description to determine how an
end-user may use the digital content created by them. For example in e-books and e-journals many
times authors give up their rights to publisher, hence publishers decide access and usage rights of the
digital content. DRM rights defined by the rights owner/holder gets implemented on the end-users
computer using DRM system/software. DRM will define rights in digital form which will be
implemented by incorporating it using DRM software. For example authentication and authorisation,
watermarking, cryptography, digital signature, electronic marking, data tagging, digital fingerprinting
are some of the technologies used to control whether to provide IP based access or username password
access, controlling viewing, copying, downloading and printing rights. Rights defined by DRM will be
enforced on the digital content at the time of its use by an end user. These rights can be different for
different levels of users. Compared to traditional copyright law, in digital environment rights (for
example legal and usage rights) need to be described explicitly in detail and accurately in machine
readable form using Rights Expression Language(REL) so that all actions are performed accurately on
the digital content. Also rights need to be predefined visualizing all possible problems likely to be
encountered. (Bohner, 2008)
DRM is a method of controlling access to copyrighted material. It is a concept used to describe any
type of technology or processes that aims to stop, or at least ease, the practice of piracy. It removes
usage control from the person in possession of digital content and puts it in the hands of a computer
program. There are many applications and methods used in DRM. For example, an e-book server may
restrict access to, copying of and printing of material based on constraints set by the copyright holder of
the content. DRM is trying to solve a legitimate problem of misuse of digital data as the nature of the
internet makes it impractical to try to control every person who tries to copy, download digital data
illegally. DRM help companies to regain control of distribution by making it technologically impossible
for consumers to make digital copies.
Digital Rights Management (DRM) refers to the technologies and processes that are applied to the
application and enforcement of usage rules in a secure manner to the digital content and its user. The
primary purpose of DRM is to control access, use and distribution; and thereby protect the interests of
copyright holders in the digital environment. DRM systems are also referred to as Electronic Rights
Management Systems (ERMS) or Rights Management Information Systems (RMIS) or Copyright
Management Systems (CMS) or Intellectual Property Management and Protection Systems.
(Harinarayana, Somu, Sunil, 2009)
DRM refers to ‘a collection of systems used to protect the copyrights of electronic media. These
include digital music and movies, as well as other data that is stored and transferred digitally”. DRM is
a system of information technology components and services, along with corresponding law, policies
and business models, which strive to distribute and control intellectual property and its rights. Product
authenticity, user charges, terms-of-use and expiration of rights are typical concerns of DRM. “DRM
systems comprise a number of technological components, which can include encryption, a surveillance
mechanism, databases of works, owners and users, license management functionality and technological
protection measures (TPMs)’. (Nicholson, 2009)
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DRMs can be applied to print and digital resources. For print resources DRM systems do not utilize
technological protection measures. These DRMs are mainly associated with copyright agencies, which
represent authors or creators and manage their intellectual property rights. DRM for digital content are
enabled by technological protection measures. (Nicholson, 2009)
However ‘Fair use’ concept described in copyright law which is extremely important for libraries
cannot be understood by DRM technology as computer program cannot make subjective decisions. The
argument against digital rights management discusses issues like user privacy, technological innovation
and fair use. Under copyright law, the fair use doctrine gives a consumer the right to make copies of
copyrighted content for their own use. Other issues that need to be checked are like the right of a
content purchaser to resell or give away the content purchased (first sale), and the expiration of a
copyright after a certain period of time, and user rights in DRM implementation.
Any DRM has to define the user, the content and the usage rights of digital content. A digital rights
management scheme operates on three levels: establishing a copyright for a piece of content, managing
the distribution of that copyrighted content and controlling what a consumer can do with that content
once it has been distributed.
The Digital Millennium Copyright Act of 1998 (DCMA) of USA ensures the protection of a DRM
scheme regardless of whether or not it respects the fair use doctrine. It is illegal to get around DRM, or
to create, purchase or download any digital content that enables consumer to bypass DRM restrictions.
India has recently in 2012 amended Indian Copyright Act, 1957 to incorporate DRM.
Libraries and educational institutions (consumers) that archive and lend digital content to multiple users
will be losers if highly restrictive DRM norms are enforced. For example a library will not be able to
archive any content and will not be able to lend out digital content that are machine specific for viewing
using traditional lending system. For libraries, DRM technologies can affect on access of digital content
by its users, preservation activities and pricing of digital content. However for libraries also there is a
need to protect digital information content and the associated usage rights from unauthorized access,
use, and dissemination. Protection of user privacy also has to be looked into by libraries.
DRM is an umbrella term given to technologies that attempt to prevent unlicensed or unauthorized uses
of copyrighted material to the full extent granted by the law.
1.2 Objective
The objective of the present paper is to introduce the concept of DRM and discuss the issues related to
DRM and its application in digital library environment.
1.3 DRM and Libraries
As digital data is more vulnerable due to its availability and accessibility over the internet, issues of IPR
of digital content in the digital library is of serious concern. Digital library managers need to manage
digital rights management which involves managing issues of IPR, ownership of material that are made
available on the digital library, and controlling access to and dissemination of copyrighted material.
Several methods of managing digital rights exist nowadays which may be adopted as per the need and
requirement.
The responsibilities of the library professionals have increased with library collection transforming
from printed material to digital data. Libraries are no more owner of the information in digital world.
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Rather it provides access to digital data residing anywhere on computer servers. Many libraries today
are involved in developing institutional repositories for internal publications which is accessible
through internet. So DRM plays important role for libraries in providing services to its user in online
environment.
Copying something digital is considered as almost without cost by the consumers though there are
associated cost of access to internet, hardware and software. Compared to printed information, access to
digital information is unlimited and much easier so there are high chances of unauthorized use of digital
information. It is practically impossible to prevent copying of digital data as once downloaded digital
data can be copied any number of times.
1.3.1 Issues of concern for Libraries
1.3.1.1 Right to access and use
Many digital libraries which exist today are involved in disseminating digital resources such as ebooks, e-journals, databases to users. Digital library system control access to these resources but the
digital resources unless DRM applied to it are not generally usage controlled. DRM to digital content
will be implemented by the publisher. But once a user obtains a resource, such as a journal article, the
resource is not protected by software or hardware controls. This would not be an acceptable solution for
some types of content, but it is acceptable within the academic environment. So in libraries strict
control of DRM may only be applied to only those materials (for example full text theses) that
absolutely require it. Thus there may not be a single rights management solution appropriate to all
digital resources as well as to different types of libraries as well as to different levels of users. What
type of access rights will be provided is normally specified in the licensing agreement done with the
publisher.
1.3.1.2 Provision of technology independent digital content
DRM systems may make digital resources accessible through proprietary programme. It would be
disadvantageous to libraries if content to be disseminated requires proprietary packages that require
particular software, or that are accessed through proprietary services. But for commercial advantage this
trend is increasing for digital materials. For example certain e-books may require specific e-book
readers only. (Avhad, 2012)
1.3.1.3 Freedom for Library System
Libraries buy digital resources as well as create digital resources. Libraries should be able to develop
and manage their own DRM solutions. It should also be possible for libraries to use a single solution for
the dissemination of all library materials, regardless of their commercial value. While this may be
technically difficult to achieve, it should not be forbidden by law or by the market.
1.3.1.4 Loaning of Resources
Library services are considered as essential services for a society and lending of library resources to its
members is considered as non-profit activity and is considered as the basic right for any individual.
Same should be applied to digital resources available in library collection. As the primary goal of DRM
being developed in the media and entertainment sector is sales, lending services by libraries may be
seen as a simple loss of revenue.
1.3.1.5 Affordable Pricing
DRM technology is expensive and libraries may not be able to afford it. For the dissemination of digital
content to be possible for libraries, or any other non commercial organizations like universities, non
government agencies, costs of participation in a rights management technology must be affordable for
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them. For this, libraries can form partnerships with other organizations, such as government, to seek
solutions appropriate to their budgets.
1.3.1.6 Liability
Creators of DRM technology are reluctant to reveal details of their solutions for fear of being ‘hacked’.
Libraries, as well as members of the public, have a right to know that there is accountability behind
content products, to understand exactly what rights they have as users, and to have resource if or when
such technology fails.
1.3.1.7 User Privacy
Confidentiality in libraries generally refers to the rights of library users to make use of the library and
its materials without that use being revealed to others. In the area of licensing and rights management,
confidentiality is primarily a security consideration that protects the digital resource. DRM technology
may not help libraries to maintain confidentiality and privacy of its users. Libraries need to tackle and
insist on maintaining privacy between their users and content providers such as publishers or database
vendors.
1.3.1.8 The Long Term Survival
DRM technology is evolving and everyday new technologies are being introduced in the market. With
the rapid evolution of technology, few technology solutions last for short period of time. Libraries are
already struggling with keeping content usable and accessible over decades. Libraries also have content
in open format which is unprotected. As the technologies are changing very fast, there is no surety
about digital resources in libraries with technology protections will be usable over the passage of time.
Another issue that libraries may face is creators of digital resources may stop functioning so what
happens to the keys they hold to unlock the content. For the archival of digital materials, creators may
need to release DRM protection at the end of its copyright term, or may pass it onto libraries. (Joshi,
2011)
1.4 Digital rights management and its implications on digital libraries
Since the digital content can be perfectly replicated and distributed infinitely, publishers and other
content creators employ DRM for persistent protection to prevent the misuse and abuse of their
intellectual property. However, locking the content and controlling operations on the content challenges
in supporting fair use in the digital world for libraries as libraries are purchasing digital resources as
well as produces and maintains it.
Managing access to online information is a broad problem, which occurs in a wide range of different
applications. It is observed that librarians of digital libraries many times need to restrict access to parts
of their collections due to restrictions imposed by donors, concerns about privacy or obscenity,
conditions in licensing agreements or agreements with copyright owners. Guidelines framed by digital
librarians should be a central concept of any DRM system. The Creators, Content and Consumers of
any digital library system are key component to decide DRM for that library.
1.5 Impact of DRM on Content Creators or Copyright Holders (Authors/Publishers), Digital
Content and Users of Digital Content
DRM changes the fundamental relationship between the creators, publishers, and users. DRM, if not
carefully balanced, limits the ability of libraries to serve the information needs of their users and their
communities in several ways.
1.5.1 DRM and Content Creators or Copyright Holders (Authors/Publishers)
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With the DRM technology the creators can have an exclusive control over their content. The creators
establish relationships with users. The creator has the authority of distribution or copying. The
technology helps the creators to manage copyright material and the terms and conditions on which it is
made available to users. The DRM system helps to manage creative material, protect content from
copyright infringement and provide secured environment for transmission of copyrighted materials.
1.5.2 DRM and Digital Content
The DRM technologies provide options to manage and protect the interest of the copyright holders, by
providing adequate identification and description tools pertaining to content availability (i.e., metadata).
DRM technology allows metadata to be part of the digital content. It also supports anti-piracy of digital
content.
1.5.3 DRM and Users of Digital Content
DRM technology imposes restrictions at the cost of the consumers’ rights to privacy, freedom of
expression, and fair use rights. DRM is highly inflexible to the end user to make fair use of the works
like copying or creating derivatives. Free use of copyright material is called ‘fair dealing’ under Indian
Copyright Act, 1957. DRM technology may prevent the users from using copyrighted material for ‘fair
use’, which is expressly permitted under law. As DRM provides technological protection to digital
content it affects fair dealing or fair use practices till the right holder gives permission to use the digital
content under fair use. DRM technology may be able to track the users of digital content through user
authentication and this will affect user privacy or confidentiality. DRM will not only track user actions
but also report to copyright holder on the activities of individual users. (Harinarayana, Somu & Sunil,
2009), (Davis & Lafferty, 2002)
1.5.4 DRMs and Access
After the printed book is purchased by a consumer it is not possible to know how the book is used by
the consumer. Neither the seller nor the author of the book can control consumer behaviour. DRM
enables the seller as well as author to limit the use of digital content either on a single computer or for
certain time period as well as prevent any copyright infringement if attempted by the consumer. There
are many different types of DRMs, some are more restrictive than others. (Nicholson, 2009), (Seadle,
2008)
DRM can affect access to information provided by the library as well as affect library routine functions.
According to Nicholson (2009) DRM can affect libraries in following ways:
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‘Limiting a document to one PC or one user
Specifying the number of times a document can be opened
Time restrictions – view from date x to date y
Limit document lifetime (minutes, days, months)
Enable or disable printing
Define number of printed copies allowed
Enable or disable copy/pasting facilities
Enable or disable saving to file
Protection against file copying
Expiry at certain date and time
Expiry after x hours of reading
Allow x sections copied/printed every y days’. (Nicholson, 2009)
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1.6 Librarian’s Role
The librarian plays a pivotal role as intermediary between the information provider and the end user.
Librarians have to change as per today’s demand. Librarianship involves acquisition, storage and
retrieval of information sources. The usage of these sources is associated with the protection of
IPR/copyright law. Library and information professionals should be aware of the copyright clauses. It
should be the part of their duties and responsibilities of library professionals to control and practice
copyright compliance hence librarianship have a very crucial role to play in controlling as well as
facilitating access to the increasing number of local and remote resources. (Avhad, 2012)
The role of librarians changes significantly as they have to manage both information and knowledge. It
is necessary for the librarian to be aware of the process of generation of digital documents. Also
increase in usage of digital resources, provides libraries an opportunity to reach remote users. In a time
of uncertainty regarding electronic copyright, librarians should be careful and for digital content
acquired for digital library precautions should be taken like asking for permission, paying royalties, be
prepared for new pricing models, understand and follow DRM associated with digital content, display
usage rights of digital content on the website. Librarians should be concerned about infringement and
make sure to follow the copyright law and DRM to the best of their ability and also make users aware
about it.
Traditionally libraries are places where people learn by exploring, sharing and building new research
based on the copyrighted works of others. Librarians have social responsibility to protect the interests
of users who depends on information services provided by libraries. Librarians should value equitable
access to information, the privacy of users, the free flow of information and preservation of cultural
records. How DRM can be best used for libraries and its user is needed to be explored by librarians.
The libraries and information centres are procuring or subscribing to digital objects which can be easily
copied. This may lead to the librarian being made responsible for violation of copyright act. To avoid
this, librarians should control any sort of unauthorized use. So librarians need to have thorough
knowledge of various aspects of DRM system, the copyright and intellectual property laws. (Joshi,
2011), (Kumbhar, 2011)
1.7 Indian Scenario
DRM provisions in Indian legislature have a minimalist approach compared to other countries like USA
and European Union. Sections 65A and 65B added under The Copyright Amendment Act 2012 has
introduced some digital rights management provisions in the Indian Copyright Law. Section 65A deals
with protection against circumvention of technological measures and 65B deals with protection of
rights management information. It has been argued that DRM provisions in India under the Copyright
Amendment Act 2012 needs to be reconsidered based on if there is an economic need for DRM, and
type and nature of piracy in India. (Scaria, 2012). It is observed that DRM practices in academic world
are being explored and most common practice followed is providing access either through user name
and passwords or IP based access. Many Indian Library websites display guidelines for fair use policy
for e-resources. Indian Librarians need to negotiate with creators and publishers and apply fair use
policy for digital resources. According to Sensarkar (2007), having strong copyright protection or
sophisticated DRM systems is highly debatable for a developing country like India. Such a path is to be
treated with caution.
1.8 Conclusion
For the operation of digital libraries important issues of DRM to be considered are the right for
reproduction and distribution of copyrighted material, the right for dissemination of the digital work to
the end user, economic rights of copyright with which the creator and/or right-holder is empowered to
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permit or forbid the use of his/her work. There is no doubt that DRM has the potential to have a
tremendous impact on libraries and how they do their work. Exactly what the impact will be is hard to
predict but some general cautions based on practical experience with protected works should be
followed by the libraries.
1.9 References:
ALA . 2013
Digital Rights Management (DRM) & libraries.
http://www.ala.org/advocacy/copyright/digitalrights. (accessed on 29 July 2013)
Avhad, V. 2012
Digital rights management
Mumbai: SHPT School of Library Science. 62pp.
Bohner, D. 2008
Digital rights description as part of digital rights management: A challenge for libraries.
Library Hi Tech 26(4): 598-605. doi: 10.1108/07378830810920923
Davis, D.M., Lafferty, T. 2002
Digital rights management: Implications for libraries.
The Bottom Line: Managing Library Finances 15(1): 18-23. doi: 10.1108/08880450210415725
Harinarayana, N. S. and Somu, C. S., Sunil, M. V. 2009
Digital rights management in digital libraries: An introduction to technology, effects and the
available open source tools. pp. 25-27
In 7th International CALIBER on E-Content management: challenges and strategies edited by J. Arora
Ahmedabad: Inflibnet, ISBN: 978-81-902079-8-0
[Proceedings of the 7th International Convention on Automation of libraries in education and research
institutions. Pondichery, India 25-27 February, 2009, Organised by Pondichery University]
Joshi, N. 2011
Digital Rights Management: Future in information age.
In National Seminar on Empowering Academic Libraries in Knowledge Society.
Pune: Universal Prakashan, ISBN: 978-81-87552-2-39
[Proceedings of the National Seminar on Empowering Academic Libraries in Knowledge Society.
Mumbai, India 21-22 December 2011, Organized by Department of Library & Information Science and
Jawaharlal Nehru Library, University of Mumbai]
Kumbhar, B. 2012
Copyright issues in Digital Environment.
In Open Access in the Age of Innovation and ICT: Trends, Challenges and Opportunities, edited by A.
Jose, P. Gokhale and S. Hulagabali
Mumbai: Himalaya Publishing House, 248pp. ISBN: 978-93-5051-722-2
[Proceedings of the UGC Sponsored National Conference on Open Access Movement in the Age of
Innovation and ICT: Trends, Challenges and Opportunities. Mumbai, India 06-07 2012, Organised by
Library and Information Centre, Nagindas Khandwala College, Mumbai]
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Nicholson, D. R. 2009
Digital Rights Management and Access to Information: a developing country’s perspective.
Library and Information Science Research Electronic Journal 19(1): 1-17
Scaria, A.G. 2012
Does India need digital rights management provisions or better digital business management
strategies?
Journal of Intellectual Property Rights 17(5): 463-477.
Seadle, M. 2008
Copyright in the networked world: The technology of enforcement.
Library Hi Tech 26 (3): 498-504. doi: 10.1108/07378830810903454
Sensarkar, N. 2007
The potential impact of digital rights management on the Indian entertainment industry.
Journal of International Trade Law and Policy, 6 (1): 45 – 55
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