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Digital Delivery in a Post DMCA World: Challenges &
Opportunities for Publishers May 30, 2003Bruce Funkhouser
VP International & Business Operations
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CopyrightTo promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries Constitution of the United States of America
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DriversActualitySystems & Tools
Intellectual Property Management in the 21st Century
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DriversTechnologyLawsGovernmentCommerce
Intellectual Property Management in the 21st Century
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Technological ChallengesThe Digital DilemmaComplexityExpectations
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TechnologicallyPerfect digital reproduction - An "nth
generation" copy is as good as the originalGlobal distribution
without cost - Distribution costs no longer limit
proliferationFinanciallyNo economies of scale for large
printingsTransitioning from print to digital
The Digital Dilemma
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Complexity of Rights...Individual Works May Have Many Underlying Rights
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Individual Works May Have Underlying Rights
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Complexity of Rights...Individual Works May Have Many Underlying RightsWorks May Be Comprised Of Many Granular Works
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Works May Be Comprised Of Many Granular WorksBookChapter/ArticleTextPhotographIllustration
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Works May Be Comprised
Of Many Granular Works
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Complexity of Rights...Individual Works May Have Many Underlying RightsWorks May Be Comprised Of Many Granular WorksChanges In Ownership Over TimeUses Not Anticipated At Time Of Creation May Be Required
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Expectations of the Digital WorldSpeed
Moores Law.com Application developmentAccess
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AccessInternet as LibraryInternet as Communications ToolInternet as Democratizing AgentInternet as Source of Wealth
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Legal ChallengesConstitution of the United StatesCopyright Act of 1976Digital Millennium Copyright ActTEACH
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Laws of Digital CommerceThe Law Of Inverse PricingThe Law of PlentitudeThe Law of DevolutionThe Law of Churn
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Opportunities for Rightsholders, Aggregators, andInformation ProvidersIncrease revenueEnhance service to customersProtect intellectual propertyDecrease overhead burden
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Opportunities for Librarians, Researchers, andInformation UsersAccessInternet timeEase of useDecrease costs
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The HurdlesBarriers to entryDeveloping infrastructure to exploit opportunitiesMinimizing disruption to businessProfiting from E-commerce for permissioning without the technology investment
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Current ApproachesGive it awayLock it upOstrichRepertoryTransactional
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SolutionRemove barriers to entryImprove serviceHave multiple entry pointsMeet the customerTrust the customerMaintain consistency
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Digital Rights Management SolutionsLicensing at the sourceLicensing on the contentLicensing by the usersLicensing via 3rd partiesReproduction Rights Organizations (RROs)AggregatorsDocument Delivers
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Digital Delivery in a Post DMCA World: Challenges & Opportunities for Publishers