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The Digital Media Project |
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Source |
Phil Merrill |
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Title |
TRU #15 not to be counterfeited |
No. |
040111merrill01 |
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Name: |
Phil Merrill |
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Affiliation/additional information: |
Active Contributor, Pasadena, California |
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Date submitted: |
2004/01/10 |
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# |
Criteria |
Description |
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1. |
Name of TRU |
TRU not to be counterfeited |
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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. |
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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. |
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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. |
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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. |
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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. |
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7. |
Requirements |
No suggestions at this time. |