Protection of Digital Content and DRM Technologies in the European Union

Abstract

Protecting copyright is an important value that our societies have in common. National legislators introduced the protection of intellectual property more than a century ago, and in some cases even further into the past as an instrument for the distribution of creative works on appropriate terms taking account of the cultural and economic values of creativity. Ever since, the protection of intellectual property has been a history of adaptations to new markets and, in particular, to new technology. The necessary adaptations were usually made on a national basis, by national legislators and national courts. But nowadays, more than ever, national responses to the challenges of technology no longer suffice. As copyright protection has become a truly global issue, it has increasingly had to become structured internationally. This is particularly so at the level of the European Union. The digital environment of the Information Society offers one of the most significant challenges and opportunities for the protection of creativity through copyright and for making copyright “future-proof”, and this includes the application of digital rights management. But we cannot look ahead without bringing back to mind the history of copyright policy in the European Union.