DIGITAL RIGHTS MANAGEMENT AND COMPETITION LAW: STRIKING A BALANCE BETWEEN COPYRIGHT PROTECTION AND MARKET ACCESS

This paper delves into the intricate relationship between Digital Rights Management (DRM) and competition law, emphasizing the complexities in harmonizing copyright protection with market accessibility. It scrutinizes the potential anti-competitive ramifications of DRM systems, delves into the regulatory frameworks overseeing DRM and competition law on both national and international scales, and presents case studies illustrating anti-competitive practices linked to DRM. Furthermore, the paper evaluates enforcement strategies and mechanisms aimed at mitigating anti-competitive conduct within DRM markets.

The application of competition law principles to DRM encounters hurdles due to the distinctive attributes of digital markets and DRM technologies. Noteworthy challenges encompass tying arrangements, refusal to license, market delineation, technological intricacies, and the necessity for international coordination. Enforcement tools range from antitrust inquiries to remedies and sanctions, international collaboration, consumer enlightenment, and compliance monitoring. Achieving a delicate equilibrium between safeguarding copyright interests and ensuring market entry necessitates the implementation of strategies like fair use provisions, licensing frameworks, standardization efforts, interoperability enhancements, transparency measures, and consumer education initiatives.

Different jurisdictions exhibit diverse approaches to DRM regulation and enforcement, with commendable practices revolving around the advocacy for interoperability, transparency, and the reconciliation of copyright protection with consumer entitlements. Recommendations for bolstering international cooperation and alignment encompass information sharing, standard harmonization, and the negotiation of multilateral accords. Ultimately, the paper underscores the significance of navigating the intricate landscape of DRM and competition law through collaborative global efforts and the adoption of best practices to foster a balanced and competitive digital ecosystem.