Enforcing Blockchains’ Unique Security Controls in Copyright and Royalty Protection
Abstract
Blockchain technology is changing how
to protect copyrights with innovative solutions in different industries. In the
past, creatives needed help keeping track of their work, making it hard to
prove that it belonged to them. Additionally, it took a lot of work for others
to figure out who to get permission from to use the work. With blockchain,
things are easier because when a creative creates something, the blockchain
records it automatically. This implies that it's clear who the work belongs to,
and if anyone wants to use it, they get in touch with the original creator.
This process becomes straightforward and ensures creators get payment and the credit
they deserve.
Additionally, copyright rights leaned
more on technologies such as Digital Rights Management (DRM). But, the rise of
blockchain has brought about the speculation of using computer code to
administer and enforce copyright. This journal article extensively examines
blockchain's unique security controls and their application in bolstering
intellectual property rights. It investigates the potential of blockchain
technology in addressing matters of copyright infringement while concurrently fostering
equitable and transparent royalty distribution. Additionally, it covers the
challenges and prospects intrinsic to blockchain integration within the
creative industry.
Keywords: Intellectual property rights,
blockchain, copyright protection, security controls, infringement, digital
rights management
1
Introduction
Law and technology often intertwine with everyday
technological advancements, shaping legal frameworks while being heavily
influenced by existing laws. In the evolution of copyright law, the dynamic
interplay is evident – especially with the rise of blockchain-based smart
contracts and technology. These technologies have a huge potential to transform
how intellectual property rights are managed, further replacing the existing
patterns. About copyright law, computer code has been used to establish a
binding norm for those dealing with enforcement systems. Technological
protection Measures (TPMs) and Rights Management Information (RMI) are
important aspects of DRM, which have played a huge role in copyright law
enforcement [1].
Nonetheless, the digital space, characterized by
datafication, digitalization, and the widespread availability of copyrighted
pieces online, has posed different challenges. While DRM serves as a
behavior-constraining force with computer code, it can also be applied to
bypass legal protections, thus undermining legally recognized laws, for
example, limitations and exceptions under copyright laws.
Understanding the problems and limitations that come with
DRM, blockchain-based smart contracts have huge potential. They could be the
next saviors, providing a more effective and balanced enforcement of copyright
laws. It is important to note that these discussions about blockchain's
potential are intertwined with the legal aspects of copyrights and trademarks. The
legal regulations related to intellectual property rights and blockchain
continue to evolve and can vary depending on authority. However, the necessity
for safeguarding against different intellectual property rights misuse forms
remains constant.
1.1 Significance and background of enforcing
blockchain's unique security controls in copyright and royalty protection
The merging of blockchain technology and copyright protection
immediately responds to the growing digital content distribution space. As
mentioned above, traditional systems like DRM have faced numerous challenges in
safeguarding the rights and incomes of creatives. The issues stem from the ease
with which digital content can be copied and shared without proper
authorization. To track and curb these challenges, blockchain technology has
become a potential solution to revolutionize how copyrights and royalties are
handled. Despite blockchain being made to only secure and track transactions
from crypto-currencies, its main attributes like security, immutability, and
transparency uniquely address existing copyright and royalty systems
challenges.
2. Key Security controls in Blockchain technology
Blockchain technology depends on some key security features.
Blockchain technology uses secret codes, spreads information, and reaches
agreements that make transactions trustworthy with cryptography,
decentralization, and consensus. With blockchains, data is organized into
blocks, each holding a bunch or several transactions. They are connected,
making it difficult for anyone to tamper with them.
Every transaction in this block is counterchecked and
approved by a group of users to ensure accuracy. The strength of blockchain
comes from the fact that it incorporates many people from across a given
network – which means there is no single weak point for anything to go wrong,
and not even one person can change the transaction record [2]. It is, however,
important to note that not all blockchains are the same regarding security and
have small but important differences in how they keep everything safe.
The significance of enforcing these unique security controls
has different forms. One, blockchain technology brings about accountability and
transparency from its nature as a decentralized – every copyright transaction
gets recorded, ensuring everyone from distributors to creators has an immutable
and clear record of activities, building trust in the whole industry.
Additionally, there will be reduced intermediaries, previously a core part of
traditional copyright systems. Blockchain technology can streamline and
simplify copyright management and significantly lower costs, thus allowing creators
to get a more substantial revenue generated from their pieces.
2.1 What is copyright?
Copyright safeguards one's individual's original artistic or
literary work, provided it's expressed concretely. These protective rights are
mainly determined by a nation's specific government regulations and laws.
Copyright ownership gives the copyright or creator holder the exclusive
authority to reproduce, disclose, manage, or authorize utilization of their
creative concepts, inventions, and certain information, all subject to the
restrictions of the relevant legal framework. Recently, the U.S Copyright Office
has been discussing non-fungible tokens (NFTs) and issuing a long- anticipation
to an application for copyright registration related to a graphic novel created
partially with Artificial Intelligence (AI) use. Below are some copyright
statistics that emphasize the importance of copyright production:
-
In
the last decade, more than 6 billion URLs got removed from Google Search
results due to copyright infringement
-
A
total of 484,589 copyrights were officially registered in 2022
-
Digital
video privacy results in an annual loss to the U.S economy ranging from 29.2
billion dollars to 71 dollars billion
-
Additionally,
the copyright industries have contributed over 1.8 trillion dollars to the
economic output and employed 9.6 million dollar workers in the United States
-
Surprisingly,
illegal streaming services account for over 80% of online privacy globally
2.2 Challenges in the current copyright and royalty
protection systems
The biggest challenge in today's copyright protection systems
is digital piracy, fueled by the ease of copying and distributing copyrighted
material without authorization. This affects many sectors, including software,
films, and music, which leads to financial losses for copyright holders and
creators. Additionally, creators often need help comprehending how their works
are used or even how the royalties are calculated and disseminated. The complex
contractual arrangements and licensing agreements can skyrocket the problem as
they may result in disputes and prevent the tracking and enforcement of
payments.
Consequently, the global nature of creative works complicates
copyright enforcement, particularly for international content, as laws and
regulations differ across different authorities. As technology advances, such
as artificial intelligence and blockchain, they create new challenges that
require addressing even other parts needing more rules and resources to protect
these rights effectively. Other artists may need help to protect their
creations and, in the process, get taken advantage of by bigger companies,
including production companies, publishers, and record labels, who may have the
legal expertise and greater resources.
To solve all these problems, mechanisms such as technological
innovation, legal reform, awareness and education initiatives, and global
cooperation are important. While blockchain technology can provide a secure and
transparent path, new laws and regulations must be curated to cover today's
digital space.
2.3 Infringement and violation of copyright
With the increased expansion of the digital publishing
industry, the aspect of digital copyright violation has severely grown, leading
to a significant decrease in the enthusiasm of original authors due to
different situations of unauthorized use. With time, blockchain technology has
collected considerable attention as an emerging information security system,
becoming a huge aspect of safeguarding data. Copyright infringement, mostly
known as piracy, comes about when copyrighted works are used within the
necessary permissions, thus intruding upon the copyright holder's exclusive
rights.
These rights include display, performance, reproduction,
distribution, and creation of derivative works. Technically, the copyright
holder is the originator of the work, a publisher, or another entity to whom
the copyright has been assigned. Copyright or creative owners often use
technological and legal means to frustrate and penalize copyright infringement.
The most common methods that creative use to resolve copyright infringement
disputes include a notice, takedown procedure, resorting to civil litigation,
or direct negotiations.
In aspects of
large-scale commercial infringement, for instance, particularly if there's a
counterfeit issue involved, legal action through the criminal justice system
may be pursued. However, advancements in digital technology, evolving public
expectations, and the widespread reach of the internet have led to such
anonymous infringement that industries reliant on copyright are shifting the
focus completely – which are now placing less emphasis on pursuing people who
share and seek copyright-protected content online and are instead focusing on
extending copyright law to acknowledge and penalize service providers and
software distributors accused of encouraging and facilitating and encouraging
individual acts as indirect infringers.
2.4. Copyright protection using blockchain
Blockchain is a decentralized technology mainly related to
digital currencies like Bitcoin. The primary purpose is to ensure online
transactions' security and privacy. As mentioned, blockchains come from the
function of a distributed decentralized digital ledger, where records are
stored in blocks that are technically cryptographically encrypted and linked.
After a series of distributed validations involving network users, each block
is cryptographically connected to the previous one, thus eliminating the need
for costly intermediaries. The constant addition of new blocks prevents deletions
or alterations of previous blocks, thus guarding from manipulation.
Therefore, when combined with digital rights protection and
registration, blockchain technology stores digital copyright data within
blocks, and every block gets timestamped and linked to the blockchain through a
hash pointer to the preceding block's hash value makin, making digital
copyright information tamper-proof. According to Zhang, blockchain helps
enforce legal rights and facilitates the creation of highly automated payment
systems and employment by different companies [3].
For instance, companies such as Blockai, Ascribe, Mediachain,
and even Ujo Music apply blockchain technology to register and safeguard
copyrights [4]. Users can access and exchange artwork via multiple channels
without infringing on creators' rights. Data stored within the blockchain is
intended to be durable, reliable, and highly trustworthy based on the strength
of blockchain members and data distribution along the chain. For instance,
Blockai, a blockchain-based service for artists and writers, employs timestamps
to record new work development. Users get profiles to manage certificates and
access specific information. The uploaded works can be tracked, copyright
infringements can be automatically detected, and owners get notified of
unauthorized access.
For music, the London-based Ujo Music gives users an online
platform to self-publish their works, which is way beyond what other music
labels and publishers are doing [5]. Additionally, musicians get to manage
their data collection and marketing. The most interesting part is that they
have a payment infrastructure that is being tested, with composers setting the
price for usage by music portals, commercial remixes, and downloads; they use
cryptocurrency, and ether is used for payments, thus ensuring transparency in
revenue sharing and transactions.
3. How does the immutability of blockchain ledgers
enhance copyright protection
One of the major challenges with today's digital landscape is
ensuring authenticity and source of digital assets. Blockchain deals with this
issue by providing an immutable and transparent ledger that notes down ach
transactions and ownership transfers. Immutability and transparency are
fundamental aspects of blockchain ledgers that ensure their data is reliable
and secure. Immutability enhances the trustworthiness of data, thus ensuring
that it is highly resistant to unauthorized change, tampering, or fraud.
Immutability works in a way that each block in the blockchain
contains a cryptographic hash of the previous block, thus creating a chain of
blocks. This chaining technique ensures that any change in a single block would
need altering every following block in the chain – which is tiring and
time-consuming. On the other hand, with transparency, it is a blockchain ledger
that relates to accessibility and openness of the contents in the ledger to all
authorized participants within the network, which means that each participant
gets to view the whole transaction stored in the blockchain. This is
particularly important for creatives because they always get in the loop on how
their music is produced and distributed and who gets access to it.
3.1. Role of smart contracts in enhancing security
enhancing security controls for copyright
Smart contracts are self-executing, programmable features
that assist in automating and enhancing security in different blockchain-based
applications. When any triggering event occurs, smart contracts automatically
execute and enforce predefined rules and conditions without needing any
intermediaries. The processes are automated in that any actions happening are
precisely coded, which means there is no chance for human error, streamlining
operations. Smart contracts ensure that only authorized parties can interact
with the contract and that the data is secure [6]. For instance, as the music
industry grows, copyright protection has become even more important.
Smart contracts are a great way to efficiently safeguard
music copyrights and ensure artists receive due recognition and compensation.
Smart contracts' relevance in copyright protections is brought about by the
transparency and immutability offered. Once an agreement is made, a smart
contract remains unaltered, a stable foundation for copyright agreement.
Additionally, smart contracts ensure that song usage and royalties are
monitored. Adopting blockchain technology helps have transparent ledger records
by documenting who uses the music, is engaged with it, and is entitled to any
compensation, which empowers copyright holders to swiftly ascertain the use of
their music and detect any form of unauthorized utilization [7].
4. Benefits of adopting unique security controls in
copyright and royalty protection
Enforcing unique security controls in copyright and royalty
protection has many benefits, contributing to the integrity and growth of
creators, copyright holders, and the general creative industry.
4.1. Using blockchain as an IP registry
One of the benefits of using blockchain as an IP registry is
efficient royalty distribution. As mentioned, smart contracts pave the way for
royalties to be automatically and promptly distributed to IP owners when others
use their inventions or creations - which accelerates the compensation process
and ensures that the creators and inventors receive their earnings in a timely
way, thus benefitting them financially [8]. Additionally, the IP registry
reduces approval wait times for patent agencies and regulatory bodies.
The traditional approval process for intellectuals can be
bureaucratic and slow, potentially harming the first-mover advantage.
Blockchain decentralization leveraging, the registration of new intellectual
property, and updates to fillings can occur more swiftly. This expedited
process helps creators and innovators by allowing them to secure their rights
promptly. Lastly, decentralization registration systems can also improve
resource efficiency for regulatory agencies [9]. With a more streamlined system
and fewer bureaucratic processes, regulatory bodies can operate more
efficiently, thus reducing the burden on their resources and potentially saving
costs and time.
4.2. Immutable copyright records
Immutable data is information in a database that cannot or
shouldn't be modified or deleted. Traditional databases store information in a
mutable format, which means the database replaces older data when new data is
uploaded. Security controls ensure the creation of immutable and transparent
copyright records. The permanence of the copyright records strengthens the legal
foundation for copyright claims, thus providing solid proof of ownership.
Additionally, the traditional framework needs an adequate way for creators to
catalog their works, further complicating proving copyright ownership and
making it difficult. It can be hard for creators to see who uses their work and
for third parties to know how to acquire a license. With blockchain, copyrights
can automatically come into existence upon the creation of the original work,
and if anyone needs to use it, they will be required to contact the original
owner properly.
4.3. Tamper-proof and easy tracing
Blockchain technology implementation allows a tamper-proof
chain of evidence for copyright ownership [10]. For instance, if a person
changed the data stored on the block, the hash value of that block would
change. However, the next block would remain the original hash value linking
the original block, alerting the system to interference. Additionally,
blockchain makes it easy to trace the ownership of the original work. The
original copyright date can remain stored in the block's data – which means
that if any copyright ownership claim is ever on the line, the data can still
be accessed to prove who owns the IP.
4.4. Global borderless scale
Security controls extend copyright protection beyond a global
reach. Blockchain's borderless nature ensures that creators protect their works
internationally, making it difficult for anyone to infringe or exploit legal
loopholes in different industries. Additionally, this makes it particularly
useful for a copyright exchange and register, where licensors, buyers, and
artists often reach multiple countries and legal authorities.
4.5. Improved security
Traditional databases have been vulnerable to various
security threats like unauthorized access and hacking. Blockchain technology
employs cryptographic protocols to secure data. Each record and transaction is
encrypted, making it difficult for unauthorized parties to manipulate or
understand the information. Additionally, blockchain operates on a
decentralized network of nodes; every node has a copy of the entire ledger. For
any changes to be made, there has to be verification, which significantly
strengthens security measures, thus offering solid protection for sensitive
copyright information and reducing the possible risk of breaches.
5. Emerging trends in blockchain technology for
security controls
There have been current and emerging trends in blockchain
technology that can further enhance security controls for copyright and royalty
protection in the future:
5.1. Zero-Knowledge Proofs (ZKPs)
A zero-knowledge proof is a cryptographic protocol that
allows one person who is the proved to convince the other, (the verifier) that
a given claim is true without disclosing any details related to the claim
itself [11]. This technology is used to verify royalty distribution or
copyright ownership without disclosing any sensitive information. ZK proofs are
used to authenticate and access control fields to depict an understanding of a
password or cryptographic key without revealing the password itself, resulting
in better user-friendly and secure authentication forms.
5.2. Interoperability of blockchain and copyright
protection
With the fast expansion of blockchain ecosystems, the
adoption of blockchains in different industries is equally growing. This trend
ensures a seamless integration of blockchain technology-based copyright and
royalty protection in different industries and platforms. Additionally,
blockchain networks can communicate by sending and receiving tokens, data, and
messages. This fosters collaboration, greater communication, and better digital
data and assets exchange [12]. Copyright and royalty protection often include
multiple systems and stakeholders such as regulatory agencies, streaming
services, rights holders, and creators, and when all adhere to common
standards, it becomes easier to verify the reliability and accuracy of royalty
and copyright data. Therefore, it is important to ensure that all these
entities can easily and securely access data like royalty payments, ownership
records, and copyright information regardless of the platforms used.
5.3. Integration of AI and machine learning
AI algorithms can analyze blockchain transactional data to
identify suspicious trends to fraudulent activity using AI's machine learning
and pattern recognition skills. Integrating blockchain technology with AI and
machine learning enables advanced copyright enforcement and tracking, more
effectively detecting unauthorized breaches and usage [13]. Blockchain securely
stores large amounts of data, and AI helps analyze and produce insights from
data and generates new patterns and scenarios in the industry. For creative to
make supply chains more efficient, responsive, and adaptable while maintaining
transaction transparency for the benefit of all involved parties. Integrating
blockchain technology and AI can strengthen trust, transparency, security, and
reliability operations [14].
5.4. Blockchain scalability
The ever-growing volume of data and transactions related to
intellectual property rights demands efficient and secure solutions.
Scalability solutions help bring the balance and address this challenge. For instance,
one technique applied is sharding, which involves breaking down the blockchain
into smaller, interconnected shards or segments that process a subset of
transactions independently. By distributing the workload across these multiple
segments, the overall network can simultaneously handle several transactions.
In copyright and royalty protection, this means that the registration of new
copyrights, updates to existing records, and royalty distribution can happen
more efficiently and swiftly.
6. Challenges in Blockchain-based copyright security
Despite the numerous benefits of blockchain-based copyright
security, it has challenges. Some of the major flaws include:
6.1. Regulatory uncertainties
The evolving nature of surrounding intellectual property rights
and blockchain can breed uncertainties, especially with the need for
well-defined legal standards and frameworks that can make legal and compliance
navigation challenging [15]. The ambiguous nature of the regulatory space,
legal enforcement of smart contracts, and cross-border complexities add to the
challenges.
6.2. Expensive to deploy
While blockchain adoption can significantly reduce some
administrative costs and overheads, initial maintenance and setup can be
expensive. Governing and managing blockchain networks for royalty and copyright
protection need resources that may further accelerate the budget initially
allocated or need to be balanced. Additionally, the initial costs of
integrating blockchain into the copyright and royalty protection space demand
an upfront investment in adopting or developing blockchain solutions, getting
the necessary infrastructure, and maintaining network security and reliability
[16].
6.3. Possible security threats
While blockchain is known to increase security features, it
is not immune to threats and vulnerabilities. The 51% attack is notorious for
posing persisting security challenges in proof-of-work blockchain networks.
Such attacks can disrupt the security of royalty payments and copyright
registration. With smart contracts, there can be weaknesses, logic flaws, or
coding errors that malicious individuals can easily exploit [17]. Additionally,
if any network node gets compromised, the entire network can undermine its
integrity. Creators who interact with blockchain-based copyright and royalty
protection platforms ought to safeguard their access credentials and private
keys to prevent unauthorized access to their intellectual property and
accounts.
6.5. Challenges in dealing with orphaned works
These works are copyrighted, but their rightful owners cannot
be located or identified. With the permanence and transparent nature of
blockchains, they become difficult to access since they remain in the ledger
indefinitely [18]. While the main aim is for posterity, it may pose a challenge
in the future. Therefore, it is important to draw a boundary between privacy
and transparency, especially in compliance with data protection regulations.
Even in the legal framework, it can be complex to determine the legal status as
different authorities may have differing laws about how orphaned works should
be handled [19]. Addressing the legal complexities while making sure that the
blockchain system follows relevant regulations is challenging.
7. Conclusion
Blockchain technology can transform the digital world and how
copyrighted content is distributed. Particularly, it may allow heightened
information accessibility about traceability, transparency, and ownership of
future changes [20]. Although different methods have been developed in the past
and present to protect digital copyrights, there is still a lot to be done with
these systems. Blockchain adoption is one step closer to a more secure future
with a more unparalleled level of accessibility to information regarding copyright
ownership [21]. While there might be challenges like the need for wider
adoption and legal concerns, blockchain in copyright and royalty protection is
here to transform how things are done. Blockchain's security controls pave the
way for a more inclusive, transparent, and fair creative industry in the
digital age[22].
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