Podemos fazer o que quisermos com a música que «compramos»?
The Perform Act, which died in Congress last year, was reintroduced Jan. 11 by Sens. Dianne Feinstein, D-Calif., Lindsey Graham, R-S.C., Joseph Biden, D-Del., and Lamar Alexander, R-Tenn. It requires satellite, cable TV, and Internet broadcasters to pay "fair market value" for digital music performances. It also requires "the use of readily available and cost-effective technology to prevent music theft," according to a press release from Feinstein's office. The law would apply to stations that license music from the government program created by Section 114 of the U.S Copyright Act.
It specifically allows some recording and time-shifting of radio. Consumers could record music by program, channel, or time period. "For example, if a listener chooses to automatically record a news station every morning at 9:00; a jazz station every afternoon at 2:00; a blues station every Friday at 3:00; and a talk radio show every Saturday at 4:00; that would be allowable. In addition, that listener could then use their recording device to move these programs so that all programs of the same genre are back to back," according to Feinstein. "What a listener cannot do is set a recording device to find all the Frank Sinatra songs being played on the radio-service and only record those songs," according to Feinstein. The RIAA welcomed the law. "Under the current system, satellite radio has been allowed to morph into a digital distribution service-- shorting the creators of music, displacing licensed sales, and threatening the integrity of the digital music marketplace in the process. We love satellite radio. But this is simply no way to do business. It's in everyone's best interest to ensure a marketplace where fair competition can thrive," the association said in a statement.
fonte: «U.S. Reintroduces Law Requiring DRM For Digital, Internet Radio». By Mitch Wagner, InformationWeek ,Jan 16, 2007 05:22 PM
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«But the Electronic Frontier Foundation (EFF) and Public Knowledge oppose the legislation. The bill would be a "backdoor assault on your right to record off the radio," the EFF said. The Perform Act would prohibit digital and satellite radio services from offering TiVO-like recording options, the EFF said. The Perform Act would prohibit streaming music formats that don't use DRM, such as the MP3 format used on several Internet radio services, including Apple Inc.'s iTunes streaming radio stations, said Fred von Lohmann, senior intellectual property lawyer at EFF. The bill sets a "bad precedent for our copyright laws," von Lohmann wrote on the EFF blog. "Over the course of a century, our copyright laws have responded to changing technology not with government technology mandates, but rather by letting new business models evolve ..." Gigi Sohn, president of Public Knowledge, said she agrees with parts of the bill that streamline music licensing fees. But the DRM provisions place limits on consumers, she said. "This bill looks to the past rather than to the future by limiting the ability of consumers to use material to which they have subscribed and by limiting future innovations in electronics," Sohn wrote on the Public Knowledge Web site. "It confuses a radio service, in which a consumer can only record what is currently being played, with a download service, in which consumers pick the material to download.» (fonte: Computerworld, «Groups criticize proposed music DRM legislation», 18/01/07)
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