Digital Media Consumers' Rights Act
Encyclopedia
The Digital Media Consumers' Rights Act (DMCRA) is a proposed law in the United States
that directly challenges portions of the Digital Millennium Copyright Act
, and would intensify Federal Trade Commission
efforts to mandate proper labeling for copy-protected CDs to ensure consumer protection
from deceptive labeling practices. It would also allow manufacturers to innovate in hardware designs and allow consumers to treat CDs as they have historically been able to treat them.
The DMCRA bill was introduced to the United States House of Representatives
on January 7, 2003 as H. R. 107 by Rick Boucher
. The bill was co-sponsored by John Doolittle
, Spencer Bachus
and Patrick J. Kennedy
.
The bill was reintroduced into Congress once again on March 9, 2005 as H. R. 1201, the 'Digital Media Consumers Rights Act of 2005'. The 2005 bill's original co-sponsors were John Doolittle
, and Joe Barton
.
Some provisions of the bill were incorporated into the FAIR USE Act
of 2007.
The Digital Media Consumers’ Rights Act (DMCRA) restores the historical balance in copyright law and ensures the proper labeling of "copy-protected compact discs".
1) Restores the Historic Balance in U.S. Copyright Law
Reaffirms Fair Use. The DMCRA provides that it is not a violation of Section 1201 of Title 17 (the Digital Millennium Copyright Act, or DMCA) to circumvent a technological measure in connection with gaining access to or using a work if the circumvention does not result in an infringement of the copyright in the work. For example, under the bill a user may circumvent an access control on an electronic book he purchased for the purpose of reading it on a different electronic reader. However, if he were to upload the book onto the Internet for distribution to others, he would be liable for both a Section 1201 circumvention violation and for copyright infringement.
Reestablishes Betamax Standard
. The DMCRA also would specify that it is not a violation of Section 1201 of the DMCA to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant non-infringing use of a copyrighted work. By re-establishing the principle set forth in Sony v. Universal City Studios, 464 U.S. 417 (1984), this provision is intended to ensure that consumers will have access to hardware and software products by which to engage in the activities authorized by the legislation. For example, a blind person could develop a means to listen in audio form to an electronic book which had been purchased in text form.
Restores Valid Scientific Research. The bill amends the DMCA to permit researchers to produce the software tools necessary to carry out "scientific research into technological protection measures." Current law allows circumvention for encryption research under specified circumstances. The bill will enable circumvention for research on technological measures other than encryption. The bill also permits a researcher to develop the tools necessary for such circumvention.
2) Ensures Proper Labeling of "Copy-Protected Compact Discs"
Major record companies have begun adding technology to CDs that would block people from making copies. In many cases the technology has also prevented playback on computers, DVD players, or even some standard CD players. It has become apparent that even the limited introduction of these discs into the United States market has caused consumer and increased burdens on retailers and manufacturers. Consumers are accustomed to the functionality of industry standard Compact Discs and should be aware of any reduced playability or recording functionality of non-standard "copy-protected compact discs" before they make the decision to purchase such items. For that reason, the bill directs the Federal Trade Commission to ensure that adequate labeling occurs for the benefit of consumers.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that directly challenges portions of the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
, and would intensify Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
efforts to mandate proper labeling for copy-protected CDs to ensure consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
from deceptive labeling practices. It would also allow manufacturers to innovate in hardware designs and allow consumers to treat CDs as they have historically been able to treat them.
The DMCRA bill was introduced to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
on January 7, 2003 as H. R. 107 by Rick Boucher
Rick Boucher
Frederick Carlyle "Rick" Boucher is the former U.S. Representative for , serving from 1983 until 2011. He is a member of the Democratic Party.-Early life, education and career:...
. The bill was co-sponsored by John Doolittle
John Doolittle
John Taylor Doolittle , American politician, was a Republican member of the United States House of Representatives from 1991 to 2009, representing . In the 109th Congress, he held a leadership role as the Deputy Whip for the Republican party in the House...
, Spencer Bachus
Spencer Bachus
Spencer Thomas Bachus III is the U.S. Representative for , serving since 1993. He is a member of the Republican Party and the senior member of the Alabama U. S. House delegation...
and Patrick J. Kennedy
Patrick J. Kennedy
Patrick Joseph Kennedy II is the former U.S. Representative for , serving from 1995 until 2011. He is a member of the Democratic Party. The district includes all of Bristol County and Newport County, and parts of Providence County. Kennedy did not seek re-election in 2010.A member of the Kennedy...
.
The bill was reintroduced into Congress once again on March 9, 2005 as H. R. 1201, the 'Digital Media Consumers Rights Act of 2005'. The 2005 bill's original co-sponsors were John Doolittle
John Doolittle
John Taylor Doolittle , American politician, was a Republican member of the United States House of Representatives from 1991 to 2009, representing . In the 109th Congress, he held a leadership role as the Deputy Whip for the Republican party in the House...
, and Joe Barton
Joe Barton
Joseph Linus "Joe" Barton is a Republican politician, representing in the U.S. House of Representatives since 1985, and a member of the Tea Party Caucus...
.
Some provisions of the bill were incorporated into the FAIR USE Act
FAIR USE Act
The "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" was a proposed United States copyright law that would have amended Title 17 of the U.S...
of 2007.
Official summary of the bill
The authors of the bill have summarized it as follows:The Digital Media Consumers’ Rights Act (DMCRA) restores the historical balance in copyright law and ensures the proper labeling of "copy-protected compact discs".
1) Restores the Historic Balance in U.S. Copyright Law
Reaffirms Fair Use. The DMCRA provides that it is not a violation of Section 1201 of Title 17 (the Digital Millennium Copyright Act, or DMCA) to circumvent a technological measure in connection with gaining access to or using a work if the circumvention does not result in an infringement of the copyright in the work. For example, under the bill a user may circumvent an access control on an electronic book he purchased for the purpose of reading it on a different electronic reader. However, if he were to upload the book onto the Internet for distribution to others, he would be liable for both a Section 1201 circumvention violation and for copyright infringement.
Reestablishes Betamax Standard
Sony Corp. of America v. Universal City Studios, Inc.
Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 , also known as the "Betamax case", is a decision by the Supreme Court of the United States which ruled that the making of individual copies of complete television shows for purposes of time-shifting does not constitute copyright...
. The DMCRA also would specify that it is not a violation of Section 1201 of the DMCA to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant non-infringing use of a copyrighted work. By re-establishing the principle set forth in Sony v. Universal City Studios, 464 U.S. 417 (1984), this provision is intended to ensure that consumers will have access to hardware and software products by which to engage in the activities authorized by the legislation. For example, a blind person could develop a means to listen in audio form to an electronic book which had been purchased in text form.
Restores Valid Scientific Research. The bill amends the DMCA to permit researchers to produce the software tools necessary to carry out "scientific research into technological protection measures." Current law allows circumvention for encryption research under specified circumstances. The bill will enable circumvention for research on technological measures other than encryption. The bill also permits a researcher to develop the tools necessary for such circumvention.
2) Ensures Proper Labeling of "Copy-Protected Compact Discs"
Major record companies have begun adding technology to CDs that would block people from making copies. In many cases the technology has also prevented playback on computers, DVD players, or even some standard CD players. It has become apparent that even the limited introduction of these discs into the United States market has caused consumer and increased burdens on retailers and manufacturers. Consumers are accustomed to the functionality of industry standard Compact Discs and should be aware of any reduced playability or recording functionality of non-standard "copy-protected compact discs" before they make the decision to purchase such items. For that reason, the bill directs the Federal Trade Commission to ensure that adequate labeling occurs for the benefit of consumers.
See also
- BALANCE ActBALANCE ActThe Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003 is a bill that would amend Title 17 of the United States Code, "to safeguard the rights and expectations of consumers who lawfully obtain digital entertainment." The bill was proposed in the 108th Congress...
- Digital Millennium Copyright ActDigital Millennium Copyright ActThe Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
- FAIR USE ActFAIR USE ActThe "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" was a proposed United States copyright law that would have amended Title 17 of the U.S...
- Intellectual property legislation pending in the United States Congress
External links
- Digital Media Consumers' Rights Act of 2005 bill (PDF)
- Digital Media Consumers' Rights Act of 2003 bill - hosted on Library of Congress website
- Digital Media Consumers’ Rights Act Section-by-Section Description - hosted on Rep. Rick Boucher's website
- Digital Media Consumers' Rights Act of 2003 Hearing (PDF) - transcript of the May 12, 2004 hearing before the House Subcommittee on Commerce, Trade, and Consumer Protection
- Re-striking the balance from DMCA to DMCRA: A short analysis of the May 2004 Hearing on the Digital Media Consumers’ Rights Act - written by Rik Lambers for www.indicare.org