The Digital Media Project
Source AHG02
Title
Analysis of TRUs identified by DMP
Date
No.
2004/09/16
0177/AHG02
Analysis of Traditional Rights and Usages (TRU) identified by DMP
The Digital Media Project (DMP) is a not-for-profit organisation registered in Geneva with the
mission to “promote continuing successful development, deployment and use of Digital Media that
respect the rights of creators and rights holders to exploit their works, the wish of end users to fully
enjoy the benefits of Digital Media and the interests of various value-chain players to provide
products and services, according to the principles laid down in the Digital Media Manifesto”.
DMP has identified “Interoperable Digital Rights Management (DRM)” as the technology whose
deployment can further the goals stated in its Mission and has developed a work plan whose current
version foresees, inter alia, the development and publication of
1. Technical Specification for Portable Audio and Video (PAV) Devices in April 2005
2. Technical Specifications for Interoperable DRM Platform (IDP) and Interoperable End-user
Devices (IED) in October 2005
3. Recommended Practices for End-to-End Conformance (EEC) in July 2006.
In July 2004 DMP has already issued a Call for Proposals (CfP) on “Portable Audio and Video
(PAV) Devices”, relevant to point 1. above and is planning to issue another CfP on “Interoperable
DRM Platform (IDP) and Interoperable End-User Devices (IED)” relevant to poiny 2. above. The
latter specifications will extend the functionalities of the PAV specification.
In spite of the value DMP recognises to Interoperable DRM as the main digital media-enabling
technology, DMP has noted that DRM has the potential to substantially alter the balance that has
been in existence in the analogue world between different Users of Content, in particular when one
of them is the End-User. If not appropriately remedied, this imbalance may lead to a significant
reduction of the scope of Traditional Rights and Usages (TRU) of Users. A possible outcome is the
outright rejection of the new technology on the part of some Users, in particular End-Users.
It should be noted that DMP is not claiming that an established TRU necessarily implies a right of a
User to a particular Use of digital media but simply that, if Users have found a particular Use
advantageous in the analogue domain they are probably interested to continue exercising that Use in
the digital domain as well. Leveraging on this interest may provide opportunities for new “Digital
Media Business Models” that are attractive to Users but are respectful of the rights of those who
have created Works and invested in making Content. DMP has identified a number of TRUs and
analysed their nature.
Therefore DMP expects that, to make DRM-enabled digital media successful, individual
jurisdictions will determine which TRUs shall mandatorily be supported by IDPs and IEDs
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operating under their jurisdiction and which TRUs can be left to private negotiations between Users.
This is a challenging task because it requires blending legal and social knowledge with in-depth
knowledge of the highly sophisticated and unusual DRM technologies.
Acknowledging this hurdle DMP has, as part of its work plan, decided to develop and publish
4. Recommended Action on Traditional Rights and Usages (TRU) in October 2005
Such a document would have the purpose of facilitating the deployment and adoption of
Interoperable DRM technologies based on DMP Technical Specifications by providing a neutral
description of the potential problems arising in their use and designing scenarios enabled by specific
technical and legal choices. The target audience of the document would be specific legislative
environments to help them produce the most appropriate regulations of DMP IDPs and IEDs.
The present document is an initial draft of a Call for Contributions that DMP plans to issue on
2004/10/29. The Call will contain a number of scenarios analysing the different effects on the mostrelevant Value-Chain Users.
This document represents work in progress. It will become a Call for Contributions on Mapping of
Traditional Rights and Usages to the digital space published by DMP at its 4th General Assembly
held in Barcelona (ES) on 27-29 October 2004. Anybody is invited to review the TRUs analysed in
this document, make comments on the suggested scenarios, study new scenarios or analyse new
TRUs. Some cases needing an early analysis are proposed in this document. Annex A gives a list of
Value-Chain Users identified by DMP. Note that words beginning with a capital letter are defined in
the DMP Terminology.
Those wishing to comment on or contribute requirements to this document should forward their
submissions to Leonardo Chiariglione (leonardo@chiariglione.org). Submissions will be discussed
by the Ad hoc Group on Traditional Rights and Usages (TRU) Call for Contributions. To subscribe
to the ad hoc group reflector follow the instructions.
Disclaimer
DMP makes explicit disclaimer that the scenarios described in this document do not represent the
official view of DMP on how a specific TRUs should be supported. The scenarios are simply
provided for the purpose of stimulating a discussion.
Table of Contents
1
2
3
4
5
6
7
TRU #01 to quote ......................................................................................................................... 3
TRU #02 to make personal copy .................................................................................................. 4
TRU #03 to space shift content .................................................................................................... 5
TRU #04 to time shift content ...................................................................................................... 6
TRU #05 to make playback Device ............................................................................................. 7
TRU #07 to use content whose copyright has expired ................................................................. 8
TRU #09 to publish content anonymously................................................................................... 8
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8
9
10
11
12
13
14
15
16
17
TRU #10 to Use Content anonymously ....................................................................................... 9
TRU #12 to privacy .................................................................................................................... 10
TRU #13 to annotate for personal use .................................................................................... 10
TRU #14 to edit for personal use ........................................................................................... 11
TRU #18 to apply a rating to a piece of content .................................................................... 12
TRU #25 of "First sale"/Personal loan ................................................................................... 13
TRU #28 of time based advertising........................................................................................ 14
TRU #55 to access content in libraries................................................................................... 14
TRU #58 to choose the delivery system................................................................................. 15
TRU #61 of communication to the public .............................................................................. 16
1
TRU #01 to quote
Description
TRU to reproduce limited portions of another author's work, for a variety of reasons, and in a variety
of ways usually involving some attribution. Permission from the original author is not required,
however exercise of the quote TRU exposes the quoting author to possible legal challenges.
1.1 Scenario #1:
Type of support
1. Content is Released as Governed Content
2. “Quote Governed-Content” is technically supported
3. Public Authorities determine
 The types of Governed Content that can be Quoted
 The Users who have the Right to acquire a License to Quote
 The types of Licenses that can be acquired
 The obligation of the Users making a Quote, e.g.
i. Notify Author/Performer etc. that a Quote is being made
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Authors
Performers
Collective Management
Societies
Producers
Publishers
Roles/Advantages/Disadvantages
 Know to what extent End-Users can Quote their Works
 Can Quote another Author’s Content when creating new Work
 Quotes promote Works
 Know to what extent End-Users can Quote their Content
 Quotes promote Content
 End-Users cannot misuse Quote of the Works administered by
them (e.g. 5s ringtone)
 Quotes promote Works
 Release Governed Content
 Quotes promote Content
 End-Users cannot misuse Quote of their Content
 Release Governed Content
 Quotes promote Content
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End-users


Public Authorities

End-Users cannot misuse Quote of their Content
Use Content as set by the Rights Expressions and as set by
legislation, e.g.
o An End-User Quotes a News clip
Set general rules concerning Quote
1.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





2
TRU #02 to make personal copy
Description
This TRU allows certain acts that pertain to exclusive right of reproduction without requesting prior
authorization.
Two factors are taken into account: the user (individual, some institutions) and/or the purpose of
the use (education, non commercial…) to fall under the exception scope and avoid copyright
infringement.
2.1.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Governed Content can be technically Used on all End-User Devices with similar features
3. Authorised Domains can be set up easily by End-Users
4. End-Users can Backup Governed Content
5. Legislation sets bounds on Rights Expressions, e.g.
o Governed Content can be Moved within Authorised Domains
o Governed Content can be Backed up
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Collective Management
Societies
Roles/Advantages/Disadvantages
 Content can only be promoted directly (or by word of mouth)
 Private copies cannot be misused
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End-users





Public Authorities

Producers
Publishers
Content can only be promoted directly (or by word of mouth)
Private copies cannot be misused
Content can only be promoted directly (or by word of mouth)
Private copies cannot be misused
Can Use Content with the similar possibilities as offered by
analogue private copy
Set the general rules of Copy, e.g.
o Content sharing in Authorised Domains
2.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





3
TRU #03 to space shift content
Description
The ability for an End-User to Use his Content wherever he is.
3.1 Scenario #1
Type of support
1. Content is Released as Governed Content with a License for Personal Use
2. Governed Content can be technically Used on all End-User Devices with similar features
3. Public Authorities set bounds on Rights Expressions, e.g.
a. An End-User can acquire Content for personal Use (i.e. not bound to be Used on a
specific Device)
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain
Users
End-users
Roles/Advantages/Disadvantages
Public Authorities


Can Use Governed Content with similar possibilities as for analogue
content, e.g.
o Can Use Governed Content on any Device Used by the End-User
Set the general rules of Content Use
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3.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





4
TRU #04 to time shift content
Description
The ability for an End-User to Use Content at a different time than when it was originally made
available.
4.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Public Authorities set bounds on Rights Expressions, e.g.
a. An End-User can Use Governed Content at the time of his choice, but different rules may
apply to different types of Content
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain
Users
End-users
Roles/Advantages/Disadvantages
Public
Authorities


Use Governed Content as set by Rights Expressions within the bounds set by
Public Authorities
Set the general rules of time-shifting
4.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
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Value-Chain Users Roles/Advantages/Disadvantages





5
TRU #05 to make playback Device
Description
The ability to manufacture or otherwise create devices for accessing and using content.
5.1 Scenario #1
Type of support
1. Content is released as Governed Content
2. Specifications to make Devices are publicly available
3. Technologies to make Devices can be licensed at reasonable and non-discriminatory (RAND)
terms and conditions
4. Device Certification is obtainable from third parties
5. Devices can be sold through normal channels
6. Public Authorities set general rules of
a. Device Conformance
b. Revocation of Devices
c. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Retailers
Technology licensing providers
Device Manufacturers
End-users
Public Authorities
Roles/Advantages/Disadvantages
 Release Governed Content to Authenticated Devices
 License technologies to Device Manufacturers
 Can obtain license of relevant technologies
 Make Devices
 Purchase Devices from multiple Device Manufacturers
 Access Governed Content from multiple sources
 Use Governed Content according to the Rights Expressions
 Set general rules of Device Conformance
5.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
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Value-Chain Users Roles/Advantages/Disadvantages





6
TRU #07 to use content whose copyright has expired
Description
When copyright is expired content can be freely used, e.g.read, copied, published, changed etc.
6.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Public Authorities mandate registration of cleartext Content with a Repository
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain
Users
Producers
Publishers
Repositories
End-users
Roles/Advantages/Disadvantages






Public
Authorities
Must register cleartext Content
Must register cleartext Content
Provide Access to Content whose copyright has expired
Use Content as set by the Rights Expressions while copyright holds
Access Content after copyright expiry, e.g. from Repositories
Public Authorities set general rules for enabling Access to Content whose
copyrighted is expired
6.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





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7
TRU #09 to publish content anonymously
Description
To publish content without revealing the identity of the Author.
7.1 Scenario #1
Type of support
1.
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





8
TRU #10 to Use Content anonymously
Description
To use content without revealing the identity of the end-user
8.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Public Authorities determine
 The extent of anonymity of Content Use that End-Users can request, possibly depending
on the nature of Content
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Monitoring Service
providers
Retailers
End-users
Public Authorities
Roles/Advantages/Disadvantages
 Negotiate with End-Users use that will be made of User and Use
Data
 License Content with anonymous Use License, if requested
 Get License for anonymous Use, if requested
 Determine general rules for anonymous Use of Governed Content
8.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
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Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





9
TRU #12 to privacy
Description
The border beyond which intrusion is not allowed and the extent to which private information can
be used.
9.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Public Authorities determine
a. End-User information that can be requested
b. Use of User and Use information acquired
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Monitoring Service
providers
Retailers
End-users
Public Authorities
Roles/Advantages/Disadvantages
 Use of User and Use Data as determined by Public Authorities



Request User and Use Data as determined by Public Authorities
Supply requested User and Use Data
Public Authorities set the general rules regarding use of User and
Use Data
9.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages




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
10 TRU #13 to annotate for personal use
Description
The TRU to augment media with additional information for personal use. The result could be
regarded as a limited form of derivative work. However, whilst the publication of derivative works
is typically restricted by copyright, end-users have not traditionally been restricted from making
annotations for personal use.
10.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. “Annotate Governed-Content” is technically supported
3. Public Authorities determine the general rules of Content Use, e.g.
a. End-Users can acquire Content with an “Annotation” License
b. Content sharing in Authorised Domains
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Collective Management Societies
Producers
Publishers
End-users
Public Authorities
Roles/Advantages/Disadvantages
 Possible revenues from “Annotation” Licenses
 Possible revenues from “Annotation” Licenses
 Possible revenues from “Annotation” Licenses
 Annotate (and possibly share within an Authorised Domain)
 Set the general rules of Annotate
 Achieve social ends (support to Annotate)
10.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





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11 TRU #14 to edit for personal use
Description
The end-user may edit, reorganise, mix or transform content as he chooses as long as he does not
(re)distribute the edited results.
11.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. “Editing Governed-Content” is technically supported
3. Public Authorities determine the general rules of editing for personal use, e.g.
a. Types of Content
b. Types of Uses
c. Types of Use Context (e.g. educational purposes)
d. Content sharing in Authorised Domains
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Collective Management Societies
Producers
Publishers
End-users
Public Authorities
Roles/Advantages/Disadvantages
 Possible revenues from “Edit” Licenses
 Possible revenues from “Edit” Licenses
 Possible revenues from “Edit” Licenses
 Edit (and possibly share within an Authorised Domain)
 Set the general rules of Edit
 Achieve social ends (support to Edit)
11.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





12 TRU #18 to apply a rating to a piece of content
Description
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An individual, organisation, industry or government can apply a rating on some applicable scale to
content.
12.1 Scenario #1
Type of support
1. Content is Released as Governed Content
2. Ratings can be expressed in a License
3. Public Authorities determine rules to prevent forms of manipulation using ratings
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users
Marketers
Aggregators
Retailers
Public Authorities
Roles/Advantages/Disadvantages
 Set ratings to Content
 Set ratings to Content
 Use ratings in Licenses
 Determine general rules related to use of ratings in Licenses
12.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





13 TRU #25 of "First sale"/Personal loan
Description
After the initial purchase, the purchased digital media may be disposed of in any way the purchaser
chooses. Examples are, re-selling, loaning, giving away.
13.1 Scenario #1
Type of support
No support has been found.
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages
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




13.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
14 TRU #28 of time based advertising
Description
The ability to include periodic advertisements during digital media access..
14.1 Scenario #1
Type of support
1.
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





15 TRU #55 to access content in libraries
Description
The ability to access content in libraries when it is available. In the digital space libraries are called
Repositories.
15.1 Scenario #1
Type of support
2. Repositories supply
a. Basic Content search services
b. Pointers to Content offered by other sources are provided
c. Content as Governed Content when no other source is available
d. Content for which they hold the copyright
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e. Content as cleartext Content when copyright is expired
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain
Users
Repositories
Retailers
End-users
Public Authorities
Roles/Advantages/Disadvantages




Offer End-Users means to Access “all” Content
Content is promoted by Repositories
Can Access “all” Content, not necessarily for free
Can offer Access to Content in the Repositories to particular classes of
Users
15.2 Scenario #2
Type of support
1. …
2. …
3. …
4. …
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





16 TRU #58 to choose the delivery system
Description
To use services independently of the connectivity provider.
16.1 Scenario #1
Type of support
1.
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





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17 TRU #61 of communication to the public
Description
Appears in the WCT/WPPT (WIPO Copyright Treaty and WIPO Performances and Phonograms
Treaty) as an Internet-friendly way to give authors protection for Internet-based "performances" or
data transfers by wire or wirelessly to individuals consuming the data at a time of their own
choosing, related to TRU to technological access restrictions and TRU reproduction.
17.1 Scenario #1
Type of support
1.
Roles of and Advantages/Disadvantages for Value-Chain Users
Value-Chain Users Roles/Advantages/Disadvantages





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Annex A
# Value-chain
User
1. Author
2. Performer
3. Collective
Management
Society
4. Producer
5. Publisher
6. Syndicator
Acr.
Definition
AUT
PRF
CMS
A User who creates Works
A User who Uses Works to make Content
A User who provides collective representation to its member,
e.g. Authors, Performers, Publishers etc.
PRD
PBL
SND
7. Metadata
Service
provider
8. Mediation
Service
provider
9. Resolution
Service
provider
10. Repository
MTP
A User who produces Content
A User who makes Content available to the public
A User who manages and provides Content to Retailers using a
variety of purchase options
A User who recognises, assigns, delivers and processes
structured metadata
11. Monitoring
Service
provider
12. Marketer
MNP
13. Aggregator
14. Retailer
15. Technology
licensing
provider
16. Device
Manufacturer
17. Connectivity
provider
18. Network
Service
provider
19. Platform
Service
provider
MDP
A User who provides mediator/agent Services to broker “closed”
information such as actor identity
RSP
A User who provides the Service of mapping disparate sets of
Metadata
RPS
A User who offers Services to name, describe, locate, access,
manage, and secure information about Content
A User who provides Use Data information in aggregated form
MKT
A User who provides promotional, sale enhancement, brand
enhancement and Merchandising Services
AGG A User who provides procuring, packaging, presenting,
cataloguing, archiving, indexing and promoting Services
typically to Retailers
RTL A User who sells or Licenses Content to an End-user
TLP A User who provides Device Manufacturers and Platform
providers with a license to utilise patented technology to make
Devices and Platforms
DVM A User who manufactures or assembles hardware and/or
software components to make Devices
CNP A User who provides point-to-point or point-to-multipoint
connectivity between Users
NTP A User who provides IP (or equivalent) services and typically
various other services above it, e.g. guarantee of quality of
service
PLP
A User who provides services on (parts of) the technology
infrastructure of a Value-chain
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20. Security
provider
SCP
21. Certificate
Authority
22. Conformance
certification
provider
23. Clearing House
CRA
24. Financial
Service
provider
25. End-user
26. Reseller
FSP
27. Public
Authority
PBA
CCP
CLH
ENU
RSL
A User who provides technologies and services related to the
security technologies and all levels of relevant computer and
network security solutions
A User who issues digital certificates used to create digital
signatures and public-private key pair
A User who provides conformance, robustness and encoding
rules along with certification of satisfying same.
A User who collects Value Expressions from other Users to
distribute to Right Holders for the purchase of Use Rights over a
given instance of Content
A User who provides the infrastructure for financial transactions,
and accept deposits and channel the money into lending
activities
The last User in a Value-chain
A User who possesses the Right, acquired by sale, License or
other transfer, to control the disposition and transfer of Content
from End-users to different End-users
A User who provides rules relating to the Use of Content and
taxation on transactions related to Content.
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