Printed for the use of the Committee on Energy and Commerce Available via the World Wide Web: http://www.access.gpo.gov/congress/house 93-981PDF U.S. GOVERNMENT PRINTING OFFICE JEPOSITORY For sale by the Superintendent of Documents, U.S. Government Printing Office Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-00612 1 2004 TANFORD UNIV” JONSSON 1" COMMITTEE ON ENERGY AND COMMERCE JOE BARTON, Texas, Chairman W.J. "BILLY" TAUZIN, Louisiana RALPH M. HALL, Texas MICHAEL BILIRAKIS, Florida FRED UPTON, Michigan CLIFF STEARNS, Florida JAMES C. GREENWOOD, Pennsylvania JOHN D. DINGELL, Michigan Ranking Member HENRY A. WAXMAN, California EDWARD J. MARKEY, Massachusetts RICK BOUCHER, Virginia EDOLPHUS TOWNS, New York BART GORDON, Tennessee MICHAEL F. DOYLE, Pennsylvania JIM DAVIS, Florida JANICE D. SCHAKOWSKY, Illinois CHARLES A. GONZALEZ, Texas CONTENTS Boucher, Hon. Rick, a Representative in Congress from the State of Doolittle, Hon. John T., a Representative in Congress from the State Holleyman, Robert W., President and Chief Executive Officer, Business Jaszi, Peter, Professor of Law, Washington College of Law, American Lessig, Lawrence, Professor of Law, Stanford Law School Moore, Robert, Chief Executive Officer, 321 Studios Murray, Chris, Legislative Counsel, Consumers Union with Gigi B. Sohn, Nisbet, Miriam M., Legislative Counsel, American Library Association Rose, Debra, Senior Legislative Counsel, the Entertainment Software Shapiro, Gary J., President and Chief Executive Officer, Consumer Elec- Sherman, Cary, President, Recording Industry Association of America Swift, Hon. Al, Colling Murphy Valenti, Jack, President and Chief Executive Officer, Motion Picture As- Additional material submitted for the record: Entertainment Software Association, response for the record Holleyman, Robert W., President and Chief Executive Officer, Business Lessig, Lawrence, Professor of Law, Stanford Law School, letter dated June 11, 2004, enclosing response for the record McCormick, Walter B., Jr., President and Chief Executive Officer, United THE DIGITAL MEDIA CONSUMERS' RIGHTS ACT OF 2003 WEDNESDAY, MAY 12, 2004 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON COMMERCE, TRADE, The subcommittee met, pursuant to notice, at 10 a.m., in room 2123, Rayburn House Office Building, Hon. Cliff Stearns (chairman) presiding. Members present: Representatives Stearns, Upton, Whitfield, Shimkus, Shadegg, Radanovich, Pitts, Bono, Terry, Ferguson, Issa, Otter, Barton (ex officio), Schakowsky, Gonzalez, Towns, Rush, Stupak, Green, McCarthy, Strickland, and Davis. Also present: Representative Boucher. Staff present: David Cavicke, majority counsel; Chris Leahy, majority counsel and policy coordinator; Shannon Jacquot, majority counsel; Brian McCullough, majority professional staff; William Carty, legislative clerk; Jonathan Cordone, minority counsel; and Ashley Groesbeck, minority staff assistant. Mr. STEARNS. Good morning, everybody. I'm pleased to welcome all of you to the Commerce, Trade, and Consumer Protection Subcommittee hearing on H.R. 107, the Digital media Consumers' Rights Act of 2003. We are particularly grateful to our guests from the content and technology communities, consumer groups, academic groups for allowing us to present a balanced hearing on the issues and the challenges facing the copyright field in an era of rapid technological innovation. I can't remember when this subcommittee last had three panels of so many distinguished experts. So obviously we're anticipating a very interesting, insightful examination of these issues and they're very important. In yesterday's analog world, the centuries old concept of "fair use" established that some previously unauthorized use of copyrighted works by individuals should be allowed because their value to society outweighs the costs to the copyright holder. This is based on the belief that not all copying should be banned. The Copyright Act, which codified the "fair use" doctrine, specifically allowed the use of copyrighted material for "purposes such as criticism, comment, news reporting, teaching, scholarship, or research" while it strictly prohibited all unauthorized commercial sales of a copyrighted material. In short, the history of "fair use" has been a his (1) |