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10.03.2005
Originally featured on BroadcastEngineering.com
Lobbyists try to raise broadcast flag again

Lobbyists for movie and recording industries are pushing Senate Commerce Chairman Ted Stevens, (R-AK), to give the FCC authority to mandate copy protection technology for movies and music, a public advocacy group has revealed. The provision is being sought in the pending DTV legislation that is set to be completed this month.

Public Knowledge, a public advocacy group focusing on digital copyright issues, circulated draft language that it said the Motion Picture Association of America and the Recording Industry Association of America are floating on Capitol Hill.

The movie studios want the FCC to have regulatory authority over television equipment in order to prevent the mass, online redistribution of high-definition entertainment, the National Journal reported. The RIAA and other artist and music groups are worried that consumers will be able to use software to record and create libraries of high-quality music via digital radio. Some artists worry the practice could undermine revenue they could earn through digital downloads.

Mitch Glazier, senior vice president for the RIAA, told the <>Journal that his group has not yet presented the final language to Stevens. The document circulated by Public Knowledge would authorize the FCC to regulate both digital audio broadcasts and receiving devices.

The U.S. Circuit Court of Appeals for the District of Columbia in May overturned FCC rules mandating that all digital TV sets contain technology to prevent the piracy of flagged content. The court said the FCC had exceeded its regulatory jurisdiction because Congress never authorized it to mandate copy protection schemes for TV manufacturers.

Glazier said the RIAA wants Congress to specifically give the agency such authority over copy protection standards for fear of future lawsuits. Both Public Knowledge and the Consumer Electronics Association are against the proposal.

Michael Petricone, CEA’s vice president of technology policy, told the Journal the phrase “unauthorized copying and redistribution of digital audio content” included in the RIAA’s communications would even ban making copies for personal use and shifting content between devices inside the home. These, he said, are long-established consumer rights that are protected by fair use standards for copyrighted content.

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