EXCEPTION OF ‘FAIR USE’ IN DIGITAL RIGHTS MANAGEMENT

SYSTEM

Ravi Kant* and Garima Singh**

Abstract

This paper begins with defining the concept of Digital Rights Management system (DRM
hereinafter) and notion of Technological Protection Measures (TPM hereinafter). It discusses
the DRM with reference to the concept of fair use of digital copyrighted work. Application,
Scope and limits of ‘Fair Use’ in the light of digital copyrighted content is highlighted. To
seek the exception of ‘fair use’ the user must be aware of the design and working of TPM in
different copyright regimes. Digital copyright laws of USA are compared with the laws of
India in light of General and Specific exceptions available to the end user. Further the
requirement of giving an adequate and effective notice regarding the TPM restrictions is
mentioned. The application of TPM limits the use of digital content and sometimes it creates
the issue of interoperability. The continuous monitoring due to application of TPM breaches
the privacy of user. These protection measures can read all customer purchase history and
other private data which poses security challenges. The researchers propose two-fold
mechanism to exercise “Fair use” of work protected by technological protection measure. It
will prevent copyright holders from using weapon like anti-circumvention provision to curtail
user privileges. Paper suggests to have a balanced regime which takes note of user’s privacy
along with author’s right to protect his copyrighted work using TPM. It will enable a
harmonious relation between use of TPM and ‘fair use’ provisions.

Keywords: Digital Rights Management, Technological Protection Measures, Fair Use,

Copyrighted Content, Interoperability, Privacy Breach, Data Privacy, Harmonious Relation.

*Ph.D. Scholar, Law College Dehradun, Uttaranchal University ravikant.9.rk@gmail.com

+91-9450932450 | +91-7055519834
**Teaching Assistant, Research Scholar, Jagran Lakecity University, Bhopal
garima.singh@jlu.edu.in +91-9424708664