Digital Rights Management and UK Intellectual Property Law | LegalDocuments.co.uk

Overview

DRM is a broad label for the technology used to restrict what people can do with a digital file after they have obtained it. In the UK, the legal backbone for DRM sits in the Copyright, Designs and Patents Act 1988, particularly the provisions on 'technological protection measures' that were inserted to implement earlier EU directives and have been retained in UK law.

The Act makes it an offence, in many cases, to circumvent effective technical measures applied to copyright works, and it also restricts the manufacture and sale of tools designed to defeat those measures. In practice, DRM can take many forms.

It might be encryption on a streaming file, a licence key tied to a specific device, a watermark embedded in an image, region locking on a disc, or authentication that checks a user is logged in before playback. The common thread is that each method limits copying, sharing or modification in some way.

DRM does not create copyright in itself, the underlying work still has to qualify for protection, but it gives rights holders a technical means of enforcing the rights they already have.

Key steps

1. Identify what you are actually protecting. Before choosing any DRM system, get clear on which works you hold rights in, who owns them, and what rights have been licensed to others. Copyright, database rights, performers' rights and trade marks can all sit inside a single digital product, and the protection approach often differs for each category.
2. Choose a technical approach that fits the format and audience. A heavyweight encryption system may suit a premium video platform but feel oppressive for a short e-book. Consider how your customers will realistically use the content, what devices they rely on, and whether your DRM choice will frustrate legitimate buyers or simply deter casual copying.
3. Document the permitted uses in clear licence terms. DRM is only half the story, the contract between you and the end user explains what they can and cannot do. End user licence agreements, terms of service and platform rules should spell out permitted devices, sharing limits, offline access and what happens if the service is withdrawn.
4. Respect statutory user rights and accessibility exceptions. UK copyright law contains specific exceptions, including provisions for disabled users and certain research and educational uses. DRM that blocks these permitted acts can create legal and reputational problems, so build in routes that allow lawful uses to continue where the law requires.
5. Plan for enforcement and takedowns. Even the best DRM gets bypassed eventually. Have a process for monitoring unauthorised copies, issuing takedown notices to platforms and hosts, and escalating serious infringement through solicitors or trading standards where appropriate. Keeping good records of your rights chain makes enforcement far easier when you need it.