Digital Media Consumers' Rights Act of 2005
HR 1201
From the Congressional Research Service; http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR01201:@@@D&summ2=m&
Digital Media Consumers' Rights Act of 2005 - Amends the Federal Trade Commission Act to prohibit: (1) introduction into commerce of prerecorded digital music disc products that are mislabeled, or falsely, or deceptively advertised or invoiced; and (2) removal or mutilation of any label required by either this Act or any rules or regulations prescribed by the Federal Trade Commission before the time a prerecorded digital music disc product is sold and delivered to the ultimate consumer.
States that such transactions constitute either an unfair method of competition, or an unfair and deceptive act or practice in commerce.
Authorizes the Commission to develop rules and regulations governing such transactions.
Amends Federal copyright law to exempt from its prohibitions against circumvention of copyright protection systems any persons acting solely in furtherance of scientific research into technological measures.
Declares it is not a violation of copyright law, but fair use, to: (1) circumvent a technological measure in order to obtain access to a work for purposes of making noninfringing use of the work; or (2) manufacture or distribute a hardware or software product capable of substantial noninfringing uses except in instances of direct infringement.
| Status: | | 16 Nov 2005
On November 16, the House Energy and Commerce Committee held a hearing, "Fair Use: Its Effects on Consumers and Industry."
On November 16, the House Energy and Commerce Committee held a hearing to discuss the effect of the Digital Millenium Copyright Act (DMCA) on fair use. Witnesses ranged from advocates for the free availability of information to the president of a video game trade association. The members of the committee were most interested in learning whether existing encryption technology can protect the rights of intellectual property owners while permitting consumers to make limited copies. Gary Shapiro, CEO of the Consumer Electronics Association, said that currently it is possible to permit copying of an original digital document but prevent copying of the copies.
HR 1201, which would add fair use and scientific research exemptions to the DMCA, was briefly mentioned at the hearing. The bill also would require labeling of copy-protected CD’s. Energy and Commerce Chairman Joe Barton is a co-sponsor of HR 1201. Commerce subcommittee Chair Cliff Stearns and Ranking Member Jan Schakowsky both expressed support for HR 1201, although Rep. Stearns said that he would prefer a technological solution to the problem of fair use of digital works. |
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