Id Copying DVD's Illegal?
2006 Search AllInOne Software Reviews
Audio Home Recording Act of 1992 (AHRA) amended the US Copyright Act by adding chapter 10 "DIGITAL AUDIO RECORDING DEVICES AND MEDIA". The act was prompted by the release of the Sony Digital Audio Tape (DAT). The RIAA, concerned that consumers ability to make perfect digital copies of music would destroy the market for audio recordings, had lobbied Congress to pass the legislation.
AHRA brought new measures to prevent prohibition of manufacturing, importing, or selling of digital records and allowing consumers to be exempt from infringement for private noncommercial recordings in return for a royalty for the music being copied, a royalty for every recorder, and serial copy protection built into home devices. President George H. W. Bush signed the AHRA into law in 1992 proclaiming " S. 1623 [AHRA] will ensure that American consumers have access to equipment embodying the new digital audio recording technology. It also protects the legitimate rights of our songwriters, performers, and recording companies to be fairly rewarded for their tremendous talent, expertise, and capital investment."
The AHRA
- Exempts media primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the purpose of making copies of nonmusical literary works, including computer programs or data bases (section 1001(4)(B)(ii))
- Requires digital recorders to use the Serial Copy Management System (SCMS), which prevents digital dubbing beyond one generation (section 1002(a))
- Prohibits manufacture and sale of devices whose primary purpose is to circumvent SCMS (section 1002(c))
- Imposes a "royalty" on digital recorders (section 1004(a))
- Imposes a "royalty" on blank digital media (section 1004(b))
- Establishes a procedure for distributing the collected "royalty" to artists, performers, writers, and publishers (sections 1006 and 1007)
- Prohibits infringement action of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings. (Section 1008)
- The act failed to define "noncommercial use by a consumer" however "In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use." (House Report No. 102-780(I), August 4, 1992)
- Allows ignorance of actions dealing with SCMS as a defense to copyright infringement (Section 1009(3)) - This is probably superseded by the DMCA