| Contacts: | Jeff Joseph tel: 703 907-7664 e-mail: jjoseph@CE.org |
Jenny Pareti tel: 703 907 7079 e-mail: jpareti@CE.org |
Georgia Senate Bill Could Turn Digital Enthusiasts into Digital Pirates
| Arlington, Virginia | 3/25/2004 |
Ordinary Georgia consumers who are digital media and technology enthusiasts could become criminals under a bill currently under consideration in the Georgia House of Representatives, warn the Consumer Electronics Association (CEA) and the Consumer Electronics Retailers Coalition (CERC). In a letter delivered to Georgia state legislators, CEA and CERC pointed to overly broad language in a movie piracy bill to be considered today in the state House of Representatives. The organizations urged the House of Representatives to consider alternative legislative language to narrow the scope of the bill and protect innocent consumers, retailers and others, urging opposition of the bill if left as written.
While the bill, S.B. 439, seeks to combat the recording of feature films in movie theaters, CEA and CERC argued that, if left as written, the bill dangerously reaches far beyond the stated goal. The existing bill includes broadly defined terms such as "facilities" in which motion pictures may be "exhibited." CEA and CERC noted this could easily be interpreted as including retail establishments, offices, universities, schools, and even local cable television facilities.
"This is very broad language," CEA and CERC wrote. "In the digital age terms such as 'facilities' and 'recording function' could mean any sort of visual display that someone can see for any purpose or anything that stores the signal, even for a fraction of a second. This bill also has potentially dangerous consequences because it does not require any relationship between the operation of an audiovisual recording 'function' and the recording of a 'motion picture.' In other words, the bill simply says that you can't knowingly operate a 'recording function' in the same place that you have an 'exhibition' of a 'motion picture.'"
"Using a camcorder to record a movie in a theater for later sale and distribution is illegal. We can all agree to that," said CEA President and CEO Gary Shapiro. "But this bill misses the target. For example, information storage on an ordinary personal computer or even a cell phone could be deemed illegal under this bill. Our alternative language would simply protect innocent consumers from becoming movie pirates for simply flipping the 'on' switch on a digital device."
CEA and CERC offered legislators alternative language that would correct the potential misinterpretation and tailor the bill to address unlawful recording in movie theaters. Specifically, the amended bill would clarify that recording could not occur without the movie theater owner's knowledge and permission, rather than the content owner's knowledge and permission. Additionally, the definition for "recording device" is altered to specify a photographic, digital or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture; and "motion picture theater" is defined as a theater or other premises in which a motion picture is exhibited.
Similar legislation also is being considered in more than a dozen states across the country. CEA and CERC note in the Georgia letter that the Motion Picture Association of America (MPAA), while not rejecting the amended language entirely, has continued to lobby for the broad and relatively undefined interpretation of "facilities" in several states.
CEA and CERC intend to help all relevant states amend draft bill language so that law-abiding customers do not have to worry about being branded as criminals for ordinary conduct in a retail store, school or library.
About CEA:
The Consumer Electronics Association (CEA) is the preeminent trade association promoting growth in the consumer technology industry through technology policy, events, research, promotion and the fostering of business and strategic relationships. CEA represents more than 1,500 corporate members involved in the design, development, manufacturing, distribution and integration of audio, video, mobile electronics, wireless and landline communications, information technology, home networking, multimedia and accessory products, as well as related services that are sold through consumer channels. Combined, CEA's members account for more than $90 billion in annual sales. CEA's resources are available online at www.CE.org, the definitive source for information about the consumer electronics industry.
CEA also sponsors and manages the International CES - Defining Tomorrow's Technology. All profits from CES are reinvested into industry services, including technical training and education, industry promotion, engineering standards development, market research and legislative advocacy.