To amend title 17 of the United States Code with respect to home recording and video and audio recording devices and media, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 26 (legislative day, JANUARY 25), 1983 Mr. MATHIAS (for himself, Mr. MELCHER, Mr. CRANSTON, and Mr. BAKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 17 of the United States Code with respect to 1 home recording and video and audio recording devices and media, and for other purposes. Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Home Recording Act of 4 1983". 5 6 7 8 SECTION. 1. Congress hereby finds and declares that (a) "to promote the progress of science and useful arts," the Constitution of the United States empowers the Congress to give authors and inventors for a limit (Star Print) 2 1 ed time "the exclusive right to their respective writ ings and discoveries"; (b) the copyright system has helped make the United States a dynamic force in art and culture; (c) this system benefits both the creators of intellectual property and the consuming public-the creators by providing fair compensation and thereby the incentive to create new works, and the consumers by assuring a rich and ever-increasing variety of works from which to choose; (d) copyright owners should receive fair compensation for their creative endeavors and the use of their property; (e) home recording devices and media are designed, used, and promoted to the public for the purpose of reproducing copyrighted material; (f) the reproduction of copyrighted musical works, sound recordings and motion pictures and other audiovisual works by means of home recording devices and media infringes on the exclusive rights granted to copyright owners under section 106(1) of title 17, United States Code; (g) nonetheless, individuals who make audio and video recordings in the home for private use should be relieved of any and all liability for such infringement; 14 3 (h) to ensure that the public continues to enjoy uninterrupted access to this copyrighted material, a compulsory license will be established for importers and manufacturers of recording devices and media who commercially benefit from such infringement; and (i) the terms and rates of fair compensation shall be negotiated by importers and manufacturers of recording devices and media and copyright owners or, failing agreement, shall be determined by compulsory binding arbitration: Provided, however, That no system of compensation will impose a direct liability on the in dividual who uses recording devices and media in the home for private purposes. SEC. 2. Chapter 1 of title 17 of the United States Code 15 is amended by inserting at the end thereof the following new 16 section: 17 "8119. Limitation on liability: video recording 18 "(a) HOME VIDEO RECORDING.-Notwithstanding the 19 provisions of section 106(1), an individual who makes a single 20 video recording of a motion picture or other audiovisual work 21 in his or her private home is exempt from any liability for 22 infringement of copyright if the video recording is for the 23 private use of that individual or members of his or her imme24 diate household. 1 4 "(b) COMPULSORY LICENSE FOR VIDEO RECORDING 2 DEVICES AND MEDIA. "(1) AVAILABILITY OF COMPULSORY LICENSE.Notwithstanding the provisions of section 106(1), the importation into and distribution in the United States, and the manufacture and distribution in the United States, of any video recording device or video recording medium shall be subject to compulsory licensing if the importer or manufacturer of the device or medium records the notice, and deposits the statement of ac count and total royalty fees, specified by this clause. "(A) The importer or manufacturer shall, at least one month before the distribution in the United States of any video recording device or any video recording medium or within sixty days after the effective date of this Act, whichever is later, record with the Register of Copyrights (hereinafter 'the Register') a notice including a statement of its identity and address and a de scription of any trade or business names, trademarks, or like indicia that it uses in connection with the importation, manufacture or distribution of video recording devices or video recording media in the United States, and thereafter, from time to time, such further information as the Reg 5 ister shall prescribe by regulation to carry out the purpose of this clause. "(B) The importer or manufacturer shall deposit with the Register, at such times, for such periods, and in accordance with such requirements as the Register shall prescribe by regulation, a statement of account, covering the pertinent period next preceding, specifying the number of video recording devices or amount of video re cording media imported into or manufactured in the United States during such period, and the number or amount distributed in the United States during such period, together with such other in formation, and in such form, content and manner, as the Register shall from time to time prescribe by regulation. In the case of all statements of ac count deposited after the obligation to pay royalty fees becomes effective pursuant to voluntary nego tiation under subsection (c)(2)(F) of this section, or pursuant to compulsory arbitration under subsection (c)(3)(I) or (c)(4)(C) of this section, the state ment shall be accompanied by the total royalty fee for the period covered by the statement, com puted in accordance with such regulations as the Register shall from time to time prescribe. |