MI2N
Music Industry News Network
FRIDAY, JUNE 22ND
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 06-24-2004

New Senate Bill Threatens Betamax Protection, Public Hearing Is Essential, Says HRRC

Bookmark and Share

MusicDish Network Sponsor
The Home Recording Rights Coalition today expressed deep concern over a new Senate bill, the "Inducing Infringement of Copyrights Act of 2004," that would impose copyright liability for any person for any activity "intentionally inducing" copyright infringement. HRRC called for a full hearing on the legislation.

HRRC said that the proposed bill, though not overtly aimed at devices and software, could be interpreted as giving copyright owners a veto over the introduction of almost any new technology for home and personal use, and thus effectively eviscerate the fundamental public policies and essential safeguards for technology developers that formed the basis of the Supreme Court's landmark 1984 Betamax ruling.

"We understand that this bill is aimed by its sponsors at multi-purpose on-line services, and how they might be abused. But it also covers all multi-purpose devices, software, and home networking products," said HRRC Chairman Gary Shapiro. "Every time entrepreneurs launch a new hardware, software, or home network product, this bill would seem to subject them to a jury trial about what they had in mind. This would chill the introduction of new technology and new products across a wide range of media. It merits full and careful consideration of all of its potential consequences."

In 1976, motion picture studios filed for a court injunction against the marketing of the first consumer VCR, or "video tape recorder." When the case reached the Supreme Court, the Court observed: "The request for an injunction ... indicates that [the studios] seek, in effect, to declare VTR's contraband." The Court refused to ban VCRs according to their use or terms of sale, observing:

"It seems extraordinary to suggest that the Copyright Act confers upon all copyright owners collectively, much less the two [studios] in this case, the exclusive right to distribute VTR's simply because they may be used to infringe copyrights. That, however, is the logical implication of their claim."

The Court held that there was no basis for finding "contributory" infringement if an article of commerce, "is widely used for legitimate, unobjectionable purposes. Indeed, it need merely be capable of substantial noninfringing uses."

The "Inducing Infringement of Copyright Act" would add a new copyright cause of action for "intentionally inducing" copyright infringement. HRRC said today that, by adding a new and separate copyright cause of action, the bill could change the outcome of cases such as the Betamax case itself.

"'Inducement' is already a part of the legal test for contributory infringement. The main effect of adding a separate, broad provision based on 'acts from which a reasonable person would find intent to induce infringement' is to allow a different outcome on the same facts, even of the Betamax case itself," noted Shapiro. "Hence, this bill would put a foot on the throat of anyone coming to market with a new device, software product, or home networking system that handles copyrighted content."

HRRC said it appreciated the efforts of the drafters in adding a provision that nothing in this bill should be taken to enlarge or diminish the "doctrines" of contributory or vicarious infringement. However, by creating a new and separate doctrine of "induced" infringement, the bill effectively renders these doctrines, and their interpretation to date by the Supreme Court, irrelevant, and so could have a broad, dramatic and negative effect on the development and introduction of new products, and anyone creating and marketing them.

"Just as the "Hollings Bill" in the last Congress had some laudable objectives but swept much too broadly, this initiative also threatens innovative consumer devices, software, and home networks. They can> be enjoined before even getting to market," Shapiro said. "This is why a public hearing, to explore all of the consequences for technological innovation, as well as for products that consumers now rely on, seems essential."

He added HRRC would be vigilant in urging Members of Congress to protect the legacy of the Betamax case - the Magna Carta for today's competitive market in CE and IT devices.


Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

Australian DJ Duo NERVO Enter Sports Arena With Unique Volleyball Partnership

2018 Summer Additions Come To Hybrid Studios

Plunky's "Love Makes Us Better" Video Is Cosmic Jazz-Funk

Deadline Looms - The 23rd Annual USA Songwriting Competition

Carys - A Different Kind Of Normal - Debut CD Release

Melvin Riley Of Ready For The World Celebrates 35 Years In The Music Business And The Re-launch Of His Solo Career And New Billing Title

Listen: Darquise Explores The Art Of The Beak Up In His Debut Single "I Say One"



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» Capitol Studios Launches Online Mixing, Mastering And Vinyl-Cutting Services
» Audionamix Launches Pre-Sale For XTRAX STEMS Windows Version
» Hollywood Heavyweights Launch New Christian Music Label
» RADIO AND TV PERSONALITY GAZ REYNOLDS LAUNCHES NEW VLOG SERIES ON YOU TUBE
» National Indie Radio (WNIR) Is Open For Submissions
» Exactuals Adds Jeff Van Driel And Mark Montgomery To Advisory Board
» Edge Music Network Announces Partnership Agreement & Launch Of "Artist Pages"
» Deadline Looms - The 23rd Annual USA Songwriting Competition
» Japanese Prog Ensemble Yuka & Chronoship Announce The Release Of Their New Album SHIP
» Katie Garibaldi And Anna Haas Team Up Again And Win In IndieFEST Film Awards


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Screen Music Connect To Explore The Music Of Film, Television And Interactive Media
» Fred Casimir To Develop BMG's Global Recordings Business
» 13 Music Label Sold To MTN
» CISAC 2018 Annual Report
» MusicDish Announces A Love Electric 2018 China Tour
» Darcus Beese Named President Of Island Records
» Avant-Garde Label Maybe Noise Launches In Beijing
» Award-Winning Lithuanian Rock Band Colours Of Bubbles "She Is The Darkness" 2018 China Tour
» Hollywood Heavyweights Launch New Christian Music Label
» Pop Artist Ava King Releases New Single
» NetEase Cloud Music Sign Distribution Partnership With B2 Music
» Skype And Mixcloud Launch "Connecting..." Podcast Series

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2018 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.