I received this email from Jake Fisher of iPac today, and I’m taking the liberty of reprinting it in full. It’s an important topic – the Big Media companies are threatening to take away our Fair Use recording rights.
Here’s the letter in full:
Dear IPac supporter,
In June we brought attention to S1RA (The Section 115 Reform Act), which
has the laudable goal of bringing mechanical licensing into the 21st
Century. However, buried deep within the legislation was a provision that
required all incidental copies of a song to have their own separate
license. In other words, a copyright holder could charge you for every
copy that exists in a caching server, your ISP’s own cache, or even the
buffer on your computer. It’s double dipping, redefining fair use, and now
it’s back and worse than ever. S1RA lives on under the title of the
Copyright Modernization Act of 2006. Sounds ominous enough. It still
includes all the terrible provisions of S1RA by taking aim at Internet
radio and satellite radio by gutting the Audio Home Recording Act, which
explicitly allows devices to time-shift radio.
CMA is trying to elbow itself into law by wrapping itself in a good bill:
the Orphan Works Act of 2006. This bill is an important piece of
legislation that removes significant hurdles that artists have to jump to
create their art. Right now, with our over-reaching copyright regime, if a
documentary film makers wants to include an image, film clip, or song in
their work, but no copyright holder can be found, the film maker is out of
luck. OWA allows the artist to include the work, assuming they employed due
diligence to track down the copyright holder, and would severely limit any
damages stemming from an infringement suit if the owner suddenly
reappeared.
However good the Orphan Works Act is, S1RA is worse and negates the
benefits that come from OWA. We cannot sacrifice our technological future
by imposing an innovation tax on internet and satellite radio.
For a FAQ on CMA and to find out how to stop it please see:
http://ipaction.org/campaigns/cma/
Thanks very much for your continued support of IPac.
Sincerely,
Jake Fisher
Executive Director
IPac