Congress Revisits the Copyright Act

Congress Revisits the Copyright Act

Written By
Cade Metz
Cade Metz
May 17, 2004
2 minute read
eWeek content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More

This year marks the 20th anniversary of the Supreme Courts now famous Betamax decision. On January 17, 1984, the Court ruled that Sonys Betamax VCR was perfectly legal.

The majority opinion, written by Justice John Paul Stevens, said that although you could, in theory, use the device to record copyrighted television shows and movies and then sell them for profit, most consumers merely used their VCRs for “time-shifting,” recording their favorite shows for viewing at a later time. Americans, the court decided, should be allowed this sort of “fair use.”

Yet, as we celebrate this anniversary, we dont enjoy the same freedoms with television shows and movies purchased on DVD. Its illegal to make copies of any DVD—even if youre just making backup copies for your own personal use. The Digital Millennium Copyright Act, a law passed in 1998, prohibits anyone from circumventing “copyright protection systems” used by digital media, and today, all DVDs are equipped with such protection.

“The DMCA is not really a copyright statute. Its an access control statute,” says Richard Horning, an intellectual-property attorney and partner with the Silicon Valley law firm Tomlinson Zisko LLP in Palo Alto, Calif. “It doesnt allow any of the classic uses of copyrighted material that the public has come to appreciate and that have been part of the publics rights under traditional copyright law.”

Last week, however, a House subcommittee convened to discuss amendments to the DMCA. Sponsored by Rick Boucher, D-Va., and John Doolittle, R-Calif., the amendments would apply traditional “fair use” standards to digital media. Just as you can legally tape a television show for personal reasons, the proposed Digital Media Consumers Rights Act (DMCRA) would let you circumvent the copy-protection controls on a DVD for personal reasons.

/zimages/2/28571.gifTo read the full article,click here.

/zimages/2/28571.gifCheck outeWEEK.coms Security Centerat http://security.eweek.com for security news, views and analysis.
Be sure to add our eWEEK.com security news feed to your RSS newsreader or My Yahoo page:http://us.i1.yimg.com/us.yimg.com/i/us/my/addtomyyahoo2.gif

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

Property of TechnologyAdvice. © 2026 TechnologyAdvice. All Rights Reserved

Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.