Copy protection measures (DRM's)

Digital Rights Management Systems - DRMs - are a term commonly used to describe a wide range of technical measures that are licensed for controlling, measuring and enabling use of copyright protected digital content.

Such systems cover a range of technologies with different purposes such as:

  • Systems to identify owners rights and give information on licensing , e.g. to enable collecting societies to accurately pay royalties - Rights management Information (RMI);
  • Copy protection systems to prevent unauthorised coping, e.g. may prevent consumers from transferring films stored on DVD to a computer hard drive - Technical Protection Measures (TPM)

Permitted acts

Whilst it may be legitimate for right holders to use these tools to prevent copyright infringement, they can also prevent permitted activities that fall under copyright exceptions.

The exceptions for use of DRM protected works are narrow, but if you consider your use falls under one of the exceptions you may request a workaround to the protection measure from the right holder.

Under UK copyright law, if the right holder does not provide an effective workaround, you may issue a ‘notice of complaint’ to the Secretary of State.  If your complaint is upheld the Secretary of State may issue directions on how to ensure that you are able to make use of the work in the way permitted by law.

Fast Facts

  • Permitted acts are listed in Schedule 5A of the Act

  • Remedy where effective technological measures prevent permitted acts can be found in section 296ZE of the Act