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Copyright Issues

      A spirited controversy continues about how to protect the copyright of digital media, including music compact discs. There are many sides to the issue, and numerous rights and interests to protect. Below is a collection of information that suggests a resolution may not be in sight.
      The viewpoints expressed are those of the authors, and are intended for informational purposes only.
      We encourage you to subscribe to and support the publications and websites that are working to keep consumers informed.

Expiring copyrights

Recordings made in the United States are protected by a 95-year copyright. But copyright laws in other countries vary...in the E.U., it is only fifty years, even for recordings that originated in the United States. This means that a lot of vintage recordings are becoming "free use" in Europe and could find their way into the U.S. as imports. Elvis, anyone? The U.S. record companies are quite unhappy, naturally. Read about it all here.

Fighting for consumers' digital rights

Group proposes law to protect personal use of music, other content
Benny Evangelista, Chronicle Staff Writer
Friday, March 15, 2002
(c)2002 San Francisco Chronicle

     With the debate between Hollywood and Silicon Valley heating up over digital content, a group of entrepreneurs yesterday proposed a law to protect consumers' rights to copy CDs, use an MP3 player and watch a DVD on a Linux- based computer.
     The newly formed DigitalConsumer.org, spearheaded by Excite Inc. founders Joe Kraus and Graham Spencer and based in Palo Alto, believes the rights of consumers are being trampled as the major entertainment companies fight digital piracy.
     "Under the guise of preventing illegal copying, I believe Hollywood is using the legislative process to create new lines of business at consumer expense," Kraus said during testimony before a U.S. Senate Judiciary Committee hearing on digital copyrights.
     "Their goal is to create a legal system that denies consumers their personal-use rights and then charge those consumers additional fees to recoup them," Kraus said.
     The group launched a Web site to serve as a voice for consumers. In the first few hours, 2,000 faxes to Congress were sent through the site, Kraus said in an interview.
     With the spread of Napster-style file-sharing programs and the popularity of recordable CD drives in computers, entertainment companies are pressing for new technology and laws to stop illegal piracy of movies, music, books and other copyright-protected digital content.
     Record labels, for example, have introduced a small number of CDs that can't be copied into the MP3 format. Sen. Ernest Hollings, D-S.C., is drafting legislation that would require consumer devices to include technology that protects copyrighted material.
     Hilary Rosen, president of the Recording Industry Association of America, said in testimony submitted to the Judiciary Committee that Congress needed to act because the technology industry isn't doing enough.
     "The recording industry is suffering -- and other content industries may soon be imperiled -- by rampant infringing distribution of our works through peer-to-peer systems, other pirate sites and ubiquitous CD ripping and burning technology," she said.
     But Kraus said consumers could lose their legal rights to that same content.
     "All consumers are not potential criminals," Kraus said. "We need to defend consumer rights, make those sacrosanct and let the market work on technology to balance the rights of intellectual property holders."
     The group proposed a Consumer Technology Bill of Rights that affirms the rights of consumers to:
          -- Time-shift content -- such as recording a TV show or song to watch or hear later.
          -- Space-shift content -- such as copying songs on a CD to a computer hard drive or portable player.
          -- Make backup copies of content.
          -- Translate content into different formats. Someone who is blind, for example, could modify an electronic book into audible form.
          -- Use technology "in order to achieve the rights previously mentioned," which the group says affirms that "no technological barrier can deprive you of your other fair use rights."
     E-mail Benny Evangelista at bevangelista@sfchronicle.com.