All publications for Digital Media Project (DMP)

The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age

This foundational white paper reports on a year-long study by the Berkman Center for Internet and Society, funded by a grant from the Andrew W. Mellon Foundation, examining the relationship between copyright law and education. In particular, we wanted to explore whether innovative educational uses of digital technology were hampered by the restrictions of copyright. We found that provisions of copyright law concerning the educational use of copyrighted material, as well as the business and institutional structures shaped by that law, are among the most important obstacles to realizing the potential of digital technology in education.

authored by william fisher, john palfrey, william mcgeveran, jackie harlow, urs gasser, peter jaszi, published on 10 aug 2006

Podcasting Legal Guide: Rules for the Revolution

Podcasting Legal Guide: Rules for the Revolution -- a collaboration between Creative Commons and the Berkman Center Clinical Program in Cyberlaw reviewing copyright, trademark and other legal issues related to podcasting and providing a helpful list of resources for podcasters.

authored by mia garlick, colette vogele, cyberlaw clinic, published on 8 may 2006

Consumer Taste Sharing Is Driving the Online Music Business and Democratizing Culture

Drawing from an early-adopter survey conducted through Gartner, Slater and McGuire find that consumer-to-consumer recommendation tools, like playlists, enable consumers to actively present their individual tastes to each other and are becoming increasingly common.

authored by derek slater, mike mcguire, published on 13 dec 2005

iTunes: Some Observations After 500 Million Downloaded Songs

This document takes yet another look at the iTunes Music Store. In contrast to previous studies, however, it does not intend to provide a thorough follow-up analysis of the specific interactions between markets, technology, norms, and the law, nor does it seek to describe the Post-Grokster digital music landscape in greater detail. Rather, it seeks to share some observations that one might find interesting from a business, legal, or policy perspective.

authored by urs gasser, gabriela ruiz begue, published on 1 aug 2005

Content and Control: Assessing the Impact of Policy Choices on Potential Online Business Models in the Music and Film Industries

The online environment and new digital technologies threaten the viability of the music and film industries' traditional business models. The industries have responded by seeking government intervention, among other means, to protect their traditional models as well as by developing new models specifically adapted to the online market. This paper seeks to support policymakers' decision making by delineating the potential consequences of policy actions in these areas.

authored by derek slater, meg smith, derek bambauer, urs gasser, john palfrey, published on 7 jan 2005

Copyright and Digital Media in a Post-Napster World: International Supplement

This Supplement to the White Paper focuses on international legal issues. It considers developments regarding copyright and related rights in jurisdictions outside the United States against the backdrop of earlier Digital Media Project works that reviewed the interplay among law, technology and the business ecosystem.

authored by urs gasser, mike mcguire, published on 2 jan 2005

Copyright and Digital Media in a Post-Napster World - Version 2 - January 2005 Update

The focus of this White Paper is on the issues confronting U.S. copyright holders and consumers. An International Supplement to this White Paper deals with international legal and regulatory issues.

published on 2 jan 2005

Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States

The EU Copyright Directive (EUCD) entered into force on June 22, 2001. The directive is aimed at harmonizing the divergent European copyright regimes and at transposing the WIPO treaties. However, several member states have not yet implemented the EUCD over one and a half years after the process should have been completed. This paper asks whether and why Genie is stuck in the bottle.

authored by urs gasser, michael girsberger, published on 1 nov 2004

iTunes: How Copyright, Contract, and Technology Shape the Business of Digital Media - A Case Study

This paper provides an analysis of Apples iTunes Online Music Store. The exploratory case study presented in this document is research in progress. Comments and questions are encouraged. The paper analyzes relevant law to achieve deeper understanding of current shifts in the digital media landscape, but does not provide legal advice.

authored by urs gasser, john palfrey, derek slater, derek bambauer, andrew bragin, jackie harlow, charles hoffman, renny hwang, joseph jackson, georg krog, edward locke, stephen mohr, ivan reidel, c. lee wilson, published on 15 jun 2004

iTunes Case Study - Overview and Summary of Conclusions

In the iTunes Case Study, the Berkman Center.s Digital Media Project Team has analyzed Apple's iTunes Online Music Store (iTMS), which has become the pacesetter in the digital media marketplace. The following overview focuses on the comparative law analysis on the one hand and the impact assessment on the other hand, and summarizes some of the key findings.

published on 14 jun 2004

Berkman Center for Internet & Society