[Infowarrior] - Boucher and Doolittle Introduce the FAIR USE Act of 2007

[Richard Forno]

http://www.boucher.house.gov/index.php?option=com_content&task=view&id=1011&
Itemid=75
    
Reps. Boucher and Doolittle Introduce the FAIR USE Act of 2007 (February 27,
2007)

DATE: February 27, 2007
Reps. Boucher and Doolittle Introduce the FAIR USE Act of 2007

Legislation Would Protect the Fair Use Rights of Digital Media Consumers

U.S. Representatives Rick Boucher (D-VA) and John Doolittle (R-CA), today
introduced the Freedom And Innovation Revitalizing U.S. Entrepreneurship Act
of 2007 (FAIR USE Act) to protect the fair use rights of users of
copyrighted material and thereby enable consumers of digital media to use it
in ways that enhance their personal convenience. The legislation contains
several improvements to the Digital Media Consumer's Rights Act, similar
legislation which the lawmakers introduced in the 108th and 109th
Congresses.  Congresswoman Zoe Lofgren (D-CA) is an original cosponsor of
the legislation.

Because the fair use rights of consumers of digital media are severely
threatened today, Boucher and Doolittle propose amending a 1998 law, the
Digital Millennium Copyright Act, which was enacted at the behest of motion
picture studios, the recording industry, and book publishers.

"The fair use doctrine is threatened today as never before.  Historically,
the nation's copyright laws have reflected a carefully calibrated balanced
between the rights of copyright owners and the rights of the users of
copyrighted material.  The Digital Millennium Copyright Act dramatically
tilted the copyright balance toward complete copyright protection at the
expense of the public's right to fair use," Boucher said.  "The FAIR USE Act
will assure that consumers who purchase digital media can enjoy a broad
range of uses of the media for their own convenience in a way which does not
infringe the copyright in the work," Boucher explained.

"Without a change in the law, individuals will be less willing to purchase
digital media if their use of the media within the home is severely
circumscribed and the manufacturers of equipment and software that enables
circumvention for legitimate purposes will be reluctant to introduce the
products into the market," Boucher added.

"America can and must be a world leader in technological innovation," said
Doolittle.  "This objective is hindered by the provisions in the DMCA that
discourage the free flow of ideas and information.  The FAIR USE Act removes
those disincentives, and I look forward to seeing the benefits that will
ensue." 

The FAIR USE Act differs fundamentally from H.R. 107 and H.R. 1201, as
proposed in the 108th and 109th Congresses, respectively, by Representatives
Boucher and Doolittle. In an effort to address the concerns expressed by
content owners, the FAIR USE Act does not contain provisions which would
have established a fair use defense to the act of circumvention.
 
The legislation instead contains specific exemptions to section 1201 of the
Digital Millennium Copyright Act which do not pose a comparable potential
threat to their business models. For example, the proposed legislation would
codify the decision by the Register of Copyrights, as affirmed in a
determination made by the Librarian of Congress under section 1201(a)(1) of
the DMCA, to allow consumers to "circumvent" digital locks in six discrete
areas. The bill also contains narrowly crafted additional exemptions that
are a natural extension of these exemptions.

Other new elements of bill include limiting the availability of statutory
damages against individuals and firms who may be found to have engaged in
contributory infringement, inducement of infringement, vicarious liability
or other indirect infringement.  A more narrowly crafted provision codifying
the Supreme Court's Betamax decision to eliminate any uncertainty about a
potential negative impact on the Supreme Court's holding in the Grokster
case is also contained in the legislation.

Finally, given the central role that libraries and archives play in our
society in ensuring free speech and continuing access to creative works, the
bill includes a provision to ensure that they can circumvent a digital lock
to preserve or secure a copy of a work or replace a copy that is damaged,
deteriorating, lost, or stolen.

"I look forward to working with my colleagues and all interested parties in
an effort to properly balance the rights of content owners, consumers and
other constructive users of content. I will welcome their suggestions about
how the measure might be further improved as it moves forward in the
legislative process," Boucher concluded.

"As a consumer, I am excited about the possibilities that the FAIR USE Act
brings," stated Doolittle.

Supporters of the FAIR USE Act include the Consumer Electronics Association,
the American Library Association, the American Association of Law Libraries,
the Association of Research Libraries, the Special Libraries Association,
the Home Recording Rights Coalition, the Computer & Communications Industry
Association, and other organizations representing the public interest and
the consumers of digital media.