| Contacts: | Jeff Joseph tel: 703 907-7664 e-mail: jjoseph@CE.org |
Robert Schwartz tel: 202-756-8081 e-mail: |
HRRC Notes Concerns About "Art Act"
Definitions Not Specific Enough
| Washington, District of Columbia | 11/25/2003 |
The Home Recording Rights Coalition (HRRC) today expressed concern that S. 1932 (the "ART Act"), introduced by Senators Cornyn (R-TX) and Feinstein (D-CA), is unnecessarily broad in its language and indeterminate in its potential consequences. While aimed at the recording and subsequent uploading of movies as they appear in movie theaters, it could be read to imperil legitimate fair use activity occurring outside the confines of theaters.
HRRC Chairman Gary Shapiro said, "The HRRC has long noted that the purloining of movies during or before theatrical exhibition, rather than consumer uploading, is the main source of new movies on the Internet. Therefore we are not opposed in principle to measures that tighten security in theaters, and in the motion picture industry chain of distribution. However, we are concerned about the breadth of S. 1932's definitions and key provisions, which could be read to imperil ordinary fair use conduct that may occur well outside such venues and channels."
HRRC pointed to these provisions as requiring attention:
* The Copyright Act definition of "Motion Picture," referenced in the bill, includes any series of related images, whether or not accompanied by sound. This extends well beyond the motion pictures and short subjects to be protected from recording in theaters. Moreover, the bill would penalize recording of "any part" of such a broad range of works, which would extend to a still picture or bit of sound
* The definition of "Motion Picture Exhibition Facility" does not clearly address only theatrical settings rather than, e.g., retail establishments, stores, libraries, universities, schools, and other venues in which fair use recording of "motion pictures" commonly occurs. There is no definition of "publicly exhibited."
* The definition of "Work Prepared For Exhibition," on which severe criminal penalties depend, is overly broad and vague - particularly since these criminal provisions cover sound recordings as well as "motion pictures."
* As a consequence, even such traditional fair use activities as criticism or scholarly research, as well as conflicting claims to ownership to copyrighted material, could result in criminal liability - potentially 3 years' imprisonment for first offenders.
Shapiro said that HRRC will follow the progress of this legislation with interest, and will speak up to protect fair use rights and expectations.
About HRRC:
The Home Recording Rights Coalition, founded in 1981, is a leading advocacy group for consumers' rights to use home electronics products for private, non-commercial purposes. The members of HRRC include consumers, retailers, manufacturers and professional servicers of consumer electronics products. Further information on this and related issues can be found on the HRRC website, www.hrrc.org.