www.jeremydebeer.ca

 

In this article, published in the Denver University Law Review, I explore two ways that law can influence the creation and distribution of digital content. Specifically, I examine the relationship between (1) prohibitions against circumventing technological protection measures (TPMs) and (2) levies on products or services used to reproduce or transmit digital materials.

 

I show how, in attempt to address the concerns of various stakeholders, (some of whom favour locks, some levies), Canadian and American lawmakers may enact compromise solutions that fail to properly take into account the interests of consumers. Simultaneously using locks and levies to address digital copyright issues may force consumers to pay levies to compensate for copying that either cannot occur, is already licensed or is or ought to be fair use/dealing. I advise policymakers to be aware of this concern in order to minimize inconsistencies and incompatibilities when responding to the challenges of private copying and p2p.

 

This project ties together some of my recent work on levies (for example, here and here) with my related work on DRM issues (here). The article is available for download from the SSRN or from bepress.