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Congresswoman Zoe Lofgren (D-CA) has introduced legislation designed to protect consumer’s ability to enjoy digital copyrighted material. Lofgren’s bill, the “Digital Choice and Freedom Act of 2002,” gives lawful consumers the ability to make personal uses of digital entertainment such as music, movies, and books. In addition, the bill recognizes that digital piracy will never be truly solved until consumers are given an affordable, reliable, legitimate and secure alternative. “Consumers need a voice in this debate. Right now, it is the entertainment industry versus the technology industry, and the consumers are watching from the sidelines,” said Lofgren. “Consumers have rights and expectations that cannot be ignored by industry goliaths.” Traditionally, copyright laws have tried to balance the interests of copyright holders in the control and exploitation of their works with the interests of society in the free flow of ideas, information and commerce. Lofgren seeks to maintain that balance in the digital age by finding ways to prevent and punish digital pirates without treating every consumer as a criminal. Current proposals to combat digital piracy focus primarily on “locking-down” content and controlling how consumers use content that has dramatically altered the balance of copyright law. Lofgren’s bill seeks to restore that balance. For over one hundred years, copyright law has aspired to strike a fair balance between the interests of copyright holders in the control and exploitation of their works with the interests of society in the free flow of ideas, information and commerce. The great challenge today is to maintain that balance in the digital age by finding ways to prevent and punish digital pirates without treating every consumer as one. The Digital Choice and Freedom Act achieves this, and does so without utilizing government mandates or other prescriptive measures that ultimately only serve to stifle innovation. Specifically, the Act: • Clarifies that America’s historic principles of fair use – protected under Section 107 of the Copyright Act – apply to analog and digital transmissions. • Allows lawful consumers to make backup copies and display digital works on the devices of their choice. • Protects lawful consumers by prohibiting non-negotiable shrink-wrap licenses that limit their rights and expectations. • Clarifies that lawful consumers can sell or give away their copies of digital works, just like they can with traditional hard media. • Protects lawful consumers by permitting them to bypass technical measures that impede their rights and expectations. • Provides flexibility for content owners to develop new and innovative ways to protect their content and enable lawful uses. Current proposals to combat digital piracy focus primarily on “locking-down” content in ways that threaten the traditional balance. In addition to fighting piracy, technical protection measures can give copyright holders the power to control how consumers use the movies, music and books they lawfully purchase. The DCFA seeks to restore the balance while recognizing that the problem of digital piracy will never be truly solved until consumers are given a legitimate alternative that is affordable, reliable, secure, and respectful of their reasonable rights and expectations. For example, Lofgren’s bill will allow consumers to make copies of purchased digital media for use in their car, computer or mobile device. Lofgren ultimately believes her proposal will not only benefit consumers. A legitimate alternative that respects consumer rights and expectations will spur technological innovation and lead to greater copyright protection. “Enhancing consumer rights and technology development are the key to copyright protection,” said Lofgren. “We need innovative technologies to help the consumer stay within the limits of the law and to protect the rights of copyright holders. I believe Silicon Valley is poised to work with consumers and the entertainment industry to create the needed balance for the digital world.” Lofgren’s release notes that:
For a list of the Lofgren bill’s supporters, visit: http://www.house.gov/lofgren/press/107press/021002_supporter.htm For a full section by section analysis of the bill, visit: http://www.house.gov/lofgren/press/107press/021002_sections.htm And a big Bravo! to Ms. Lofgren.
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