Protection of technological measures and rights management information issues : a comparative analysis with particular reference to obtaining EC legislation

Abstract

One may state that the digital environment has taken the world by storm. The Internet is an excellent example of this premise. Many are those who hold that in today's digital era, technological protection measures should be viewed as the most effective means to protect the copyright and related rights owners against infringements of their work and subject-matter. However, ways and means of surmounting such technological protection schemes and measures have necessitated that these be protected by law. The chosen law for this responsibility has been the law of copyright. Within this context, legal principles have been devised in order to protect what are today referred to as (effective) 'technological measures' and 'rights management information'. The above developments in the law of copyright are actually very significant. The reason for this is because as a result of these developments, rightholders now enjoy a third level or layer of protection under copyright law. The first level or layer is found in the basic legal protection of copyright, i.e. the fact that law, as such, affords copyright protection. The second level or layer is the technical protection of the work or subject-matter which is achieved by technological protection measures. The third level or layer, which represents the subject to be discussed in this dissertation, is the legal protection against the circumvention of technological measures and the legal protection afforded against a number of specific acts directed against rights management information systems. A proper protection of technological measures and rights management information is important so that intellectual property rights may continue to play their very important societal role in what is today referred to as the Information Society. This dissertation shall seek to define (effective) technological measures and rights management information and shall seek to analyse the core legal issues that are raised by such measures and systems.