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Encyclopedia > DMCRA

The Digital Media Consumers' Rights Act (DMCRA) is a proposed law in the United States that directly challenges portions of the Digital Millennium Copyright Act, and would intensify Federal Trade Commission efforts to mandate proper labeling for copy-protected CDs to ensure consumer protection from deceptive labeling practices. It would also allow manufacturers to innovate in hardware designs and allow consumers to treat CDs as they have historically been able to treat them. The Digital Millennium Copyright Act (DMCA) is a United States copyright law. ... FTC headquarters, Washington, D.C. The Federal Trade Commission (FTC) is an Independent Agency of the United States Government, established in 1914. ... It has been suggested that CD Rot be merged into this article or section. ... Consumer protection is government regulation to protect the interests of consumers, for example by requiring businesses to disclose detailed information about products, particularly in areas where safety or public health is an issue, such as food. ...


The DMCRA bill was introduced to the House of Representatives on January 7, 2003 as H. R. 107 by Richard Boucher (D-VA). The bill was co-sponsored by John Doolittle (R-CA), Spencer Bachus (R-AL) and Patrick J. Kennedy (D-RI). House of Representatives is a name used for legislative bodies in many countries. ... January 7 is the seventh day of the year in the Gregorian calendar. ... 2003 (MMIII) is a common year starting on Wednesday of the Gregorian calendar. ... Rick Boucher Frederick Carlyle Rick Boucher (b. ... The Democratic Party is one of the two major political parties in the United States. ... State nickname: Old Dominion Official languages English Capital Richmond Largest city Virginia Beach Governor Mark R. Warner (D) Tim Kaine (D-Governor Elect) Senators John Warner (R) George Allen (R) Area  - Total  - % water Ranked 35th 110,862 km² 7. ... Rep. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... State nickname: The Golden State Official languages English Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger (R) Senators Dianne Feinstein (D) Barbara Boxer (D) Area  - Total  - % water Ranked 3rd 410,000 km² 4. ... Spencer Thomas Bachus III (born December 28, 1947), American politician, has been a Republican member of the United States House of Representatives since 1993, representing the 6th District of Alabama (map). ... State nickname: Camellia State, The Heart of Dixie¹, Yellowhammer State Official languages English Capital Montgomery Largest city Birmingham Governor Bob Riley (R) Senators Richard Shelby (R) Jeff Sessions (R) Area  - Total  - % water Ranked 30th 52,423 mi²/135,775 km² 3. ... Patrick J. Kennedy Patrick Joseph Kennedy (b. ... State nickname: The Ocean State, Little Rhody Official languages None Capital Providence Largest city Providence Governor Donald Carcieri (R) Senators Jack Reed (D) Lincoln Chafee (R) Area  - Total  - % water Ranked 50th 4,005 km² 32. ...


The bill was reintroduced into Congress once again on March 9, 2005 as H. R. 1201, the 'Digital Media Consumers Rights Act of 2005'. The 2005 bill's original co-sponsors were John Doolittle (R-CA), and Joe Barton (R-TX). March 9 is the 68th day of the year in the Gregorian Calendar (69th in Leap years). ... 2005 (MMV) is a common year starting on Saturday of the Gregorian calendar. ... Rep. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... State nickname: The Golden State Official languages English Capital Sacramento Largest city Los Angeles Governor Arnold Schwarzenegger (R) Senators Dianne Feinstein (D) Barbara Boxer (D) Area  - Total  - % water Ranked 3rd 410,000 km² 4. ... Congressman Joe Barton (left) Joe Linus Barton (born September 15, 1949), American politician, has been the Republican congressman representing the Texas 6th congressional district (map) in the U.S. House of Representatives since 1985. ... The Republican Party, often called the GOP (for Grand Old Party, although one early citation described it as the Gallant Old Party) [1], is one of the two major political parties in the United States. ... ...


Official summary of the bill

The authors of the bill have summarized it as follows:


The Digital Media Consumers’ Rights Act (DMCRA) restores the historical balance in copyright law and ensures the proper labeling of "copy-protected compact discs".


1) Restores the Historic Balance in U.S. Copyright Law


Reaffirms Fair Use. The DMCRA provides that it is not a violation of Section 1201 of Title 17 (the Digital Millennium Copyright Act, or DMCA) to circumvent a technological measure in connection with gaining access to or using a work if the circumvention does not result in an infringement of the copyright in the work. For example, under the bill a user may circumvent an access control on an electronic book he purchased for the purpose of reading it on a different electronic reader. However, if he were to upload the book onto the Internet for distribution to others, he would be liable for both a Section 1201 circumvention violation and for copyright infringement.


Reestablishes Betamax Standard. The DMCRA also would specify that it is not a violation of Section 1201 of the DMCA to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant non-infringing use of a copyrighted work. By re-establishing the principle set forth in Sony v. Universal City Studios, 464 U.S. 417 (1984), this provision is intended to ensure that consumers will have access to hardware and software products by which to engage in the activities authorized by the legislation. For example, a blind person could develop a means to listen in audio form to an electronic book which had been purchased in text form.


Restores Valid Scientific Research. The bill amends the DMCA to permit researchers to produce the software tools necessary to carry out "scientific research into technological protection measures." Current law allows circumvention for encryption research under specified circumstances. The bill will enable circumvention for research on technological measures other than encryption. The bill also permits a researcher to develop the tools necessary for such circumvention.


2) Ensures Proper Labeling of "Copy-Protected Compact Discs"


Major record companies have begun adding technology to CDs that would block people from making copies. In many cases the technology has also prevented playback on computers, DVD players, or even some standard CD players. It has become apparent that even the limited introduction of these discs into the United States market has caused consumer confusion and increased burdens on retailers and manufacturers. Consumers are accustomed to the functionality of industry standard Compact Discs and should be aware of any reduced playability or recording functionality of non-standard "copy-protected compact discs" before they make the decision to purchase such items. For that reason, the bill directs the Federal Trade Commission to ensure that adequate labeling occurs for the benefit of consumers.


See also

The Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003 is a bill that would amend Title 17 of the United States Code, to safeguard the rights and expectations of consumers who lawfully obtain digital entertainment. ... The Digital Millennium Copyright Act (DMCA) is a United States copyright law. ...

External link

  • Digital Media Consumers' Rights Act of 2003 bill - hosted on Library of Congress website
  • Digital Media Consumers’ Rights Act Section-by-Section Description - hosted on Rep. Rick Boucher's website
  • Digital Media Consumers' Rights Act of 2003 Hearing (PDF) - transcript of the May 12 2004 hearing before the House Subcommittee on Commerce, Trade, and Consumer Protection
  • Restriking the balance from DMCA to DMCRA: A short analysis of the May 2004 Hearing on the Digital Media Consumers’ Rights Act - written by Rik Lambers for www.indicare.org

  Results from FactBites:
 
DMCRA (674 words)
The DMCRA bill was introduced to the House on January 7 2003 as H.
The DMCRA provides that it is not a violation of Section 1201 of Title 17 (the Digital Millennium Copyright Act, or DMCA) to circumvent a technological measure in connection with gaining access to or using a work if the circumvention does not result in an infringement of the copyright in the work.
The DMCRA also would specify that it is not a violation of Section 1201 of the DMCA to manufacture, distribute, or make non-infringing use of a hardware or software product capable of enabling significant non-infringing use of a copyrighted work.
New Bill Cares for the Consumer - MegaGames pc (547 words)
The second important aspect of the DMCRA will be to balance some provisions of the DMCA which were intended to protect copyrights but are increasingly used to protect business models.
One such use of the DMCA cause a user who has legally downloaded a song, digitally protected with Windows Media, to be prohibited from conveniently converting his or her song to play on his or her iPod.
The DMCRA would ensure that legal, non-infringing uses are not prohibited by the DMCA.
  More results at FactBites »


 
 

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