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Fair Use Bill Introduced In Congress

Representatives Rich Boucher (D-Va.) and John Dolittle (R-Calif.) introduced the “Freedom and Innovation Revitalizing U.S. Entrepreneurship” Act to Congress. The bill dubbed, The Fair Use Act, should make it easier and legal for consumers to copy content for their own personal use, if passed and signed into law.

“The fair use doctrine is threatened today as never before. Historically, the nation’s copyright laws have reflected a carefully calibrated balanced between the rights of copyright owners and the rights of the users of copyrighted material. The Digital Millennium Copyright Act dramatically tilted the copyright balance toward complete copyright protection at the expense of the public’s right to fair use,” Boucher said. “The FAIR USE Act will assure that consumers who purchase digital media can enjoy a broad range of uses of the media for their own convenience in a way which does not infringe the copyright in the work,” Boucher explained.

“Without a change in the law, individuals will be less willing to purchase digital media if their use of the media within the home is severely circumscribed and the manufacturers of equipment and software that enables circumvention for legitimate purposes will be reluctant to introduce the products into the market,” Boucher added.

“America can and must be a world leader in technological innovation,” said Doolittle. “This objective is hindered by the provisions in the DMCA that discourage the free flow of ideas and information. The FAIR USE Act removes those disincentives, and I look forward to seeing the benefits that will ensue.”

The bill also calls for the limiting statutory damages against those found to have engaged in infringement. There are also provisions to allow libraries to circumvent copy protection to preserve or secure a copy of copyrighted content or to replace a copy that is damaged, deteriorating, lost, or stolen.

Supporters of the FAIR USE Act include the Consumer Electronics Association, the American Library Association, the American Association of Law Libraries, the Association of Research Libraries, the Special Libraries Association, the Home Recording Rights Coalition, the Computer & Communications Industry Association, and other organizations representing the public interest and the consumers of digital media.

Digital ‘Fair Use’ Bill Introduced In Congress

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