Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses Page: 4 of 19
19 Pages.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Copyright Law: Digital Rights
Management Legislation in the 107th and
108th Congresses
Background. Digital technology has radically altered the landscape of
copyright law. The potential for unauthorized but near perfect replication of digital
media poses new challenges to copyright owners. Copyright law gives a copyright
holder the exclusive right to reproduce, adapt, distribute, perform publicly and
display protected material for a limited term.1 Historically, technology (or lack
thereof) presented an obstacle to wide-spread piracy. For example, repeated copying
of analog video or audio tapes could result in a degradation of the quality of the
reproduction; packaging and transportation for distribution could be cumbersome.
There are no comparable impediments to copying and distributing media in a digital
format.
The legal basis for protecting copyright has traditionally been through the
initiation of a civil proceeding by the copyright holder against the infringer for
injunctive relief and/or money damages, although there are criminal sanctions for
willful infringement as well.2 The efficacy of this remedy is diminished in a digital
environment where distribution may be decentralized, instantaneous, and global.
Unauthorized peer-to-peer (P2P) file sharing of music illustrates this problem.
Instituting a civil suit against thousands of individuals for each unauthorized
download has traditionally been presumed to be infeasible. Recently, however, the
Recording Industry Association of American (RIAA) has embarked on an aggressive
litigation enforcement effort against college students and others who upload or
download copyrighted sound recordings on P2P file-sharing sites.3 The efficacy of
this effort remains to be seen. Nevertheless, copyright owners believe that
prevention of piracy is preferable. The technology-based approaches and
mechanisms that copyright owners utilize to protect digital media are referred to as
digital rights management (DRM).
Congress has enacted two laws to date which facilitate DRM to enhance
copyright protection. The Audio Home Recording Act (AHRA) of 1992 effects a
technology-based regulatory program for consumer goods designed to copy analog
117 U.S.C. 106.
2 Id. at 501- 505.
3 See Frank Ahrens, 4 Students Sued Over Music Sites; Industry Group Targets File Sharing
at Colleges, THE WASHINGTON POST, April 4, 2003 at E1; Ted Bridis, RIAA's Subpoena
Onslaught Aimed at Illegal File Sharing, THE WASHINGTON POST, July 19, 2003 at E1.
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Jeweler, Robin. Copyright Law: Digital Rights Management Legislation in the 107th and 108th Congresses, report, January 5, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807747/m1/4/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.