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HR 5285

Posted by on 2002-08-23, 21:15:29
posting from ip address:
Here's the response I got from my Rep. Mike Honda <br> <br> Dear Bradley: <br> <br> Thank you for contacting me to express your views regarding the Internet <br> Radio Fairness Act (H.R. 5285).&#160; The issue this bill seeks to address is <br> of great importance to me and I appreciate your thoughtful comments on the <br> matter. <br> <br> In 1998, Congress enacted the Digital Millennium Copyright Act (DMCA) in <br> an effort to comply with new obligations as part of the World Intellectual <br> Property Organization treaties.&#160; The Act represented the most significant <br> step by Congress to address the relationship between technological change <br> and copyright law.&#160; The bill aimed to balance the competing interests of <br> copyright holders and users, while implementing strong new protections <br> against copyright infringement for the digital age.&#160; Through passage of <br> DMCA, Congress hoped to encourage businesses and artists to digitally <br> distribute copyrighted works, an interest shared by many of my Silicon <br> Valley constituents. <br> <br> Pursuant to DMCA statutory licensing provisions, the Copyright Arbitration <br> Royalty Panel (CARP) proposed Internet radio sound recording performance <br> and reproduction royalty rates on February 22, 2002.&#160; Unfortunately, CARP&#8217; <br> s proposals threaten to bankrupt many small webcasters by charging <br> exorbitant and unreasonable royalty rates.&#160; In passing the DMCA, Congress <br> intended the statutory license process to be both fair and efficient, in <br> order to encourage the development of innovative online programming.&#160; CARP <br> &#8217;s proposals are inconsistent with Congressional intent and I oppose their <br> adoption. <br> <br> On April 22, I joined with nineteen of my colleagues in sending a letter <br> to Librarian of Congress James Billington that urged a more balanced <br> approach to this issue.&#160; In May, Mr. Billington revised CARP's <br> recommendations to reflect a better, but still inadequate approach, to <br> instituting a royalty fee structure.&#160; The royalty fees announced by Mr. <br> Billington will virtually make all small Internet radio stations bankrupt <br> and eliminate royalties that would otherwise flow to artists and copyright <br> holders. I, therefore, joined with Representative Jay Inslee to introduce <br> the Internet Radio Fairness Act (H.R. 5285).&#160; This important legislation <br> will ensure reasonable compensation for artists and copyright holders, <br> while encouraging the development of Internet radio.&#160; H.R. 5285 also <br> protects small Internet webcasters (those with less than six million <br> dollars in gross revenue) by exempting them from the recent CARP ruling <br> and waiving a payment requirement for participation in future CARP <br> proceedings. <br> <br> As we continue to measure the impact of the DMCA, it is important to <br> recognize that new and emerging technologies will continue to challenge <br> public policymakers to rethink our nation's copyright laws.&#160; As a new <br> Member of Congress, I am committed to remaining true to our nation's <br> strong legacy of nurturing creativity, innovation and economic prosperity <br> through the ardent application of reasonable copyright laws. <br> <br> Once again, thank you for taking the time and effort to share your <br> opinions with me.&#160; I am honored to represent the 15th Congressional <br> District, and I count on hearing your ideas about ways to improve the <br> condition of our nation.&#160; Your views are essential to shaping the way I <br> serve our district. <br> Sincerely, <br> Mike Honda <br> Member of Congress

Other Messages In This Thread
re: HR 5285   posted by: Mike Montague
re: HR 5285   posted by: Techno Kid

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