The Digital Media Project

 

Source

Phil Merrill

Title

TRU #15 not to be counterfeited

No.

040111merrill01

 

Name:

Phil Merrill

Affiliation/additional information:

Active Contributor, Pasadena, California

Date submitted:

2004/01/10

 

#

Criteria

Description

1.

Name of TRU

TRU not to be counterfeited

2.

Summary description of TRU

An editor/publisher of a collection of excerpts, some from the public domain and some copyright-protected, so the collection enjoys a new Middleman's copyright protection. Or a distributor of Rolex watches who inherits some of Rolex's right not to compete against illegal imitations.

3.

Use records of TRU

Identification of this TRU emerged on the reflector from a speculative discussion of Middleman TRU's. It is based on general anecdotal awareness only.

4.

 Nature of TRU

Although editors and publisher's of collected works enjoy quasi-authorial status in many legal systems, protection of Middleman TRUs is often supported only by a grab-bag of economic rights that vary regionally. Examples of legislation that show an awareness of the Middleman's vulnerability include copyright protection for databases and the layout and appearance of printed publications (because the content itself could be public domain). The right of reproduction TRU is also clearly involved.

5.

Benefits of TRU

Creator's and Middlemen are protected. Competing Middlemen are hurt and arguments can be made for and against the proposition that end users enjoy greater access to content when its reproduction is restricted.

6.

Possible digital support

Middleman TRUs are not well-supported by the current framework of copyright so there is a big opportunity to enlist Middleman value-chain players in a platform that respects their needs and improves their ability to make money.

7.

Requirements

No suggestions at this time.