in so doing, undermines a principal objective of the copyright system - to ensure the availability of the widest possible diversity of talent and art forms to Americans of varied tastes. Significantly, too, the economic impact of home taping is ultimately also borne by the consumer. Home taping reduces sales volume of records and pre-recorded tapes. The costs of production thus must be spread over fewer albums. This can force up the price of the records that are sold. As a result, those who buy records pay more so that those who tape off-the-air or from borrowed records can pay nothing. The Solution to the Home Taping Problem Congress is now considering legislation to - H.R. 5705, introduced resolve the home taping problem by Representative Don Edwards, 2/ and Amendment No. 1333 2/ This bill is also co-sponsored by Representatives 14. Leeroticed by Senator Matias 3 7032 ******re Boerts and Mattias proposals because they emony the son saac principles that are essential to * Beaded solution to the home tapang problem: * first, those whose copyrighted works are seung taped should be compensated in the form of a reasonable royalty on the sale of recording equipment and blank cape; and second, consumers who tape for private, noncommercial use id their homes should not be liable for copyright infringement. This amendment is also co-sponsored by Senators Sarar, 2. Byrd, Cranston, Stevens, Baucus, Hart, wwdawitz, So44, Cochran, Riegle, Kasten, Sasser, 3.56, Pressler and Boren. AUDIO HOME TAPING: THE CASE FOR A FAIR DEAL FOR It was not very many years ago that music could be communicated only in live performances; to experience the joy of music, one had to be there. But Thomas Edison's phonograph changed all that, and the rasping wax cylinder brought music into people's homes to be enjoyed at will. The miracle of radio made music even more widely available, delivering musical performances to homes the world over and, in the process, generating immeasurable goodwill abroad for our Nation and its people. In short, the advance of technology has made music accessible to all, enriching the lives of all who care to listen. -- the But the latest leap in technology development of sophisticated taping devices to undermine the very existence of the creators who have filled the airwaves and record stores with music. That new technology enables the individual, in his or her own home, and at the push of a button, to capture a musical performance forever for free. Indeed, today one can build an entire library of recorded music without ever purchasing a single record. If the musical arts are to maintain their vitality, this trend cannot - continue without an appropriate legislative response. Copyright law must keep pace with and accommodate itself to this latest technological development by protecting and preserving the right of copyright owners to fair compensation. This is not the first time that Congress has been called upon to save the rights of creators in the face of emerging technology. On prior occasions, Congress has developed imaginative responses to the challenge of protecting intellectual property rights while affording the public the benefits of the new technology (such as the advent of cable television and computer software). Congress faces that same type of challenge again today, this time to respond to the threat of home taping. I. THE MASSIVE EXTENT OF HOME TAPING Once a hobby pursued only by the serious audiophile, there has been a veritable explosion of home taping in recent years. Today, some 39 million Americans spend over $600 million a year to engage in the home taping of music. The economic basis of this phenomenon was explained in an article in Forbes magazine: "With radio stations playing entire - No doubt, many radio broadcasters all over the Nation encourage home taping by playing new album releases in their entirety and without commercial interruption. It is, however, the increasing sophistication and technical quality of taping equipment, and the relative ease with which it can be operated, that have made the rapid escalation of home taping possible. And with its declining price and growing popularity, this equipment is becoming increasingly accessible. In 1977, 71 million people of the U.S. population aged 10 or over 39 percent lived in homes owning at least one piece of audio recording equipment. By 1980, that number had grown by almost 20 million, so that nearly half the U.S. population aged 10 or over 48 percent - had access to home tape recording - 4/ 74. "Watching The Dollars," Forbes, Aug. 4, 1980, at |