House Discusses Fair Use

by Glen Shapiro, LawAndTax-News.com, New York

21 November 2005

A hearing in the US House of Representatives last week was divided over the concept of "fair use" with regard to copyright protection.

No specific legislation was under discussion during the hearing, although the lower house is soon set to debate H.R. 1201, created by Rep. Rick Boucher (D-Va), which proposes: "To amend the Federal Trade Commission Act to provide that the advertising or sale of a mislabeled copy-protected music disc is an unfair method of competition and an unfair and deceptive act or practice, and for other purposes."

House Energy and Commerce Chairman Joe Barton (R-Tex.) observed, with regard to the situation as it stands under the Digital Millenium Copyright Act (DMCA) that:

"Current law provides that I am liable for anything I do that amounts to infringement, but current law also prevents me from making legal use of content that is technologically 'locked,' even if I have a key. That doesn't make sense to me."

According to an Internet News.com report, he was supported in this assertion by Rep. Cliff Stearns (R-Fla), who announced that:

"I believe the effects of the DMCA to lock out consumers from the proper and fair use of material is a perverse result of the law."

However, Rep. Marsha Blackburn (R-Tenn) countered by stating that she would be opposed to an amendment to the DMCA which "codifies something that condones theft".

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