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Hollywood fighting copyright change


Oct. 03, 2002

By Craig Linder
WASHINGTON -- The motion picture industry fought back Wednesday against legislation it said would essentially undo copyright provisions written into the controversial Digital Millennium Copyright Act.

The bill, introduced Wednesday by Rep. Zoe Lofgren, D-Calif., would allow consumers to make their own copies of such digital entertainment as movies, music and books.

"Enhancing consumer rights and technology development are the key to copyright protection," Lofgren said in a statement.

The measure also would allow consumers who have purchased a digital work to sell or give away their copy of that work in the same way that they would be able to barter, sell or trade traditional copies.

Lofgren was spurred to introduce the measure because she said entertainment industry proposals to restrict the way content can be used has shifted the balance of power in copyright law away from consumers and toward the firms that hold those copyrights.

"We need innovative technologies to help the consumer stay within the limits of the law and to protect the rights of copyright holders," she said. "Silicon Valley is poised to work with consumers and the entertainment industry to create the needed balance for the digital world."

But entertainment industry representatives said a provision of her bill that would allow consumers to circumvent technologies designed to prevent piracy would essentially gut the protections afforded to copyright holders under the DMCA.

"This legislation effectively repeals the anti-circumvention provisions of the Digital Millennium Copyright Act," MPAA chief Jack Valenti said in a statement. "It would deny content owners the ability to protect their works by technological means."

Lofgren is a member of the House Judiciary Committee and sits on the House subcommittee that oversees intellectual property and copyright law. She also represents Silicon Valley, home to many of the technology companies that have chafed at the DMCA's anti-circumvention restrictions.

With its introduction coming just 10 days before Congress is slated to adjourn for the year, it is unlikely that Lofgren's measure will be able to gain approval from both the House and Senate. Lawmakers, however, often use bill introductions late in the congressional session as a way to build momentum for legislation they hope to see acted upon in the next Congress, which begins in January.

Even with the short timetable remaining for action on the Lofgren measure, industry lobbyists are taking it seriously. Valenti said its enactment could force copyright holders into a "choice of protecting their valuable works by not making them available in digital formats or losing all control over unauthorized reproduction and distribution."

Craig Linder is a reporter for States News Service.








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