Category: Free Trade | Strength: Mild
Acknowledging that some copyright holders use technological protection measures (commonly known as "digital rights management", or DRM) to restrict the use of their copyrighted works,
Recognizing that certain World Assembly member states have adopted highly restrictive legal protections for technological protection measures that prohibit the circumvention of such measures, even for the purpose of exercising a limitation or exception to copyright,
Believing that such measures have an anti-competitive effect and disrupt the balance between the rights of copyright holders and the general public,
The General Assembly,
- Defines "technological protection measure", for the purposes of this resolution, as any mechanism that, in its ordinary course of operation, restricts the use of a copyrighted work that is expressed in a digital format;
- Further defines "circumvention of a technological protection measure", for the purposes of this resolution, as the act of rendering a technological protection measure ineffective in restricting access to or the use of a copyrighted work without the authorization of the appropriate copyright holder,
- Requires that member states recognize the exercise of a limitation or exception to copyright, and the facilitation thereof, in respect of a copyrighted work as a legitimate defence to:
- the circumvention of a technological protection measure, and
- the manufacture or distribution of devices or computer programs capable of circumventing a technological protection measure;
- Authorizes a member state to limit the distribution of devices or computer programs capable of circumventing a technological protection measure to licensed parties, notwithstanding the provisions of section 3(b), but only if that member state:
- creates licensing requirements consistent with the purpose of this resolution, which is to ensure that technological protection measures can be legally circumvented for the purpose of exercising of a limitation or exception to copyright, or the facilitation thereof,
- permits licensed parties to circumvent a technological protection measure, where the purpose of such circumvention is to exercise a limitation or exception to copyright, or the facilitation thereof, and to offer such circumvention as a service to the general public, and
- requires state-funded libraries and archives to offer such circumvention services to the general public for free or for a nominal fee;
- Clarifies that this resolution only affects the scope of the exclusive rights granted to a copyright holder and any associated causes of civil or criminal liability under copyright law and related legislation;
- Further clarifies that nothing in this resolution prohibits the World Assembly from further legislating on copyright or technological protection measures.