Aaron J. Burstein

Implementing Copyright Limitations in Rights Expression Languages

Drafters of rights expression languages (RELs) claim that RELs will form the basis for generic, content-neutral expressions of rights in digital objects, suitable for a broad range of contexts. Generally modeled on access control languages, RELs are structured predominantly as permission languages – meaning that no rights exist in an object until they are affirmatively and specifically granted. The permissions-based exclusivity likely to result from existing RELs and digital rights management (DRM) contrasts with the myriad limitations on exclusivity in the Copyright Act. Unless REL designers and DRM system implementers consider these limitations, DRM systems will alter the copyright balance in the direction of copyright holder exclusivity. In this paper we propose changes to RELs that would approximate the copyright balance more closely than current DRM technologies do.