Last week, Representative Zoe Lofgren (D-California) introduced the Digital Choice and Freedom Act, proposed legislation that would amend the Digital Millennium Copyright Act (DMCA) to specifically allow consumers to bypass copy-protection mechanisms for personal use. In addition, Lofgren’s proposal would place restrictions on shrink-wrap licenses and provide protections for consumers making personal use copies of copyrighted material they’ve purchased.
A response to recent bills introduced at the prodding of the entertainment industry to limit consumer use of digital media, Lofgren’s bill will likely force a more focused look at copyright law in general and fair use in particular. Lofgren’s introduction is the first response to a host of entertainment-industry backed legislation that aims to restrict consumer use of digital media in ways that don’t exist for analog media.
Representatives Rick Boucher (D-Virginia) and John Doolittle (R-California) introduced legislation similar to Lofgren’s: The Digital Media Consumer Rights Act. The Boucher-Doolittle bill intends to reassert fair use rights that were lost as a result of the DMCA and mandate warning labels on copy-protected CDs informing consumers that they may not work in some equipment.
Because the current Congressional session is winding down, there is almost no chance that either bill will even be considered this year. But what both actions do is put the issue on the agenda for the next Congressional session.