Bill Proposed That Would Restore Digital Fair Use

by , 4:30 PM EDT, October 2nd, 2002

A new bill has been proposed in the House of Representatives that would offer a counter balance to the Digital Millennia Copyright Act, and restore some Fair Use rights in the digital world that are currently either curbed, or under attack. The San Jose Mercury News is reporting that a bill is being introduced in the House that would officially legalize copying of digital media for personal use, and allow users to circumvent copy protection as long as it for their own use, something expressly forbidden by the DMCA. From the Mercury News piece:

Rep. Zoe Lofgren, D-San Jose, plans today to introduce the "Digital Choice and Freedom Act," Silicon Valley's response to a host of Hollywood-backed bills tilted in favor of copyright holders.

Lofgren's bill would ensure consumers can copy CDs, DVDs and other digital works for personal use, just as they now do with TV shows and audio tapes.

"This would not authorize someone taking their digital content and sharing it with a million of their best friends," Lofgren said in an interview Tuesday. Instead of creating new rights for consumers, she said, her bill would ensure that "the rights they have in the analog world, they have in digital."

Rep. Rick Boucher, D-Va., plans to introduce similar legislation Thursday.

The article offers more information on the MPAA's response to this bill, commentary from a law professor, and information on why the bill is not likely to be dealt with this year. Thanks to Observer Sean Finnegan on the heads up for this article.

The Mac Observer Spin:

What the article doesn't talk about is how the DMCA originally passed with a very strong majority in both houses of Congress, and how the media conglomerates have far more power in Washington than do technology companies. This bill hardly stands a snowball's chance in hell of passing, especially without you letting your representative know how you feel on the issue.

It would also seem that there is not currently a similar bill being proposed in the Senate, which means that nothing would become of this one from the House, even if it were passed. In other words, restoring our Fair Use rights is an uphill battle that really starts with you letting your Congress-persons know what you want.