Intergalactic Church of the Almighty Rod
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6/21/2006 12:14:44 PM
The PERFORM Act
Brought this up in the forum a while back and Noble Defender of Animals, Lady Maria Danes has picked this up as well. Here it is for your viewing pleasure the actual text of the PERFORM Act championed by Sen Diane Feinstein.
S. 2644
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Platform Equality and Remedies for Rights Holders in Music Act of 2006'' or the ``Perform Act of 2006''.
SEC. 2. RATE SETTING STANDARDS.
(a) Section 112 Licenses.--Section 112(e)(4) of title 17, United States Code, is amended in the third sentence by striking ``fees that would have been negotiated in the marketplace between a willing buyer and a willing seller'' and inserting ``the fair market value of the rights licensed under this subsection''.
(b) Section 114 Licenses.--Section 114(f) of title 17, United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; and
(3) in paragraph (1) (as redesignated under this subsection)--
(A) in subparagraph (A), by striking all after ``Proceedings'' and inserting ``under chapter 8 shall determine reasonable rates and terms of royalty payments for transmissions during 5-year periods beginning on January 1 of the second year following the year in which the proceedings are to be commenced, except where a different transitional period is provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.'';
(B) in subparagraph (B)--
(i) in the first sentence, by striking ``affected by this paragraph'' and inserting ``under this section'';
(ii) in the second sentence, by striking ``eligible nonsubscription transmission''; and
(iii) in the third sentence--
(I) by striking ``eligible nonsubscription services and new subscription''; and
(II) by striking ``rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller'' and inserting ``the fair market value of the rights licensed under this section'';
(iv) in the fourth sentence, by striking ``base its'' and inserting ``base their'';
(v) in clause (i), by striking ``and'' after the semicolon;
(vi) in clause (ii), by striking the period and inserting ``; and'';
(vii) by inserting after clause (ii) the following:
``(iii) the degree to which reasonable recording affects the potential market for sound recordings, and the additional fees that are required to be paid by services for compensation.''; and
(viii) in the matter following clause (ii), by striking ``described in subparagraph (A)''; and
(C) by striking subparagraph (C) and inserting the following:
``(C) The procedures under subparagraphs (A) and (B) shall also be initiated pursuant to a petition filed by any copyright owners of sound recordings or any transmitting entity indicating that a new type of service on which sound recordings are performed is or is about to become operational, for the purpose of determining reasonable terms and rates of royalty payments with respect to such new type of service for the period beginning with the inception of such new type of service and ending on the date on which the royalty rates and terms for preexisting subscription digital audio transmission services, eligible nonsubscription services, or new subscription services, as the case may be, most recently determined under subparagraph (A) or (B) and chapter 8 expire, or such other period as the parties may agree.''.
(c) Content Protection.--Section 114(d)(2) of title 17, United States Code, is amended--
(1) in subparagraph (A)--
[Page: S3511] GPO's PDF
(A) in clause (ii), by striking ``and'' after the semicolon;
(B) in clause (iii), by adding ``and'' after the semicolon; and
(C) by adding after c
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Rich Russom and Joe Aloisa
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6/23/2006 9:07:37 AM
Help keep Net radio DRM-free -- fight the PERFORM Act
I've just written to Congress, alerting them to the PERFORM Act, which would cripple digital radio receivers and stick DRM into most streaming Internet radio music. The Electronic Frontier Foundation has all the details. Maybe you should contact them too. It's quite easy, and the letters are formatted, so please do it:) Below is a copy of my letters to Congressmen: Representative Donald 'Don' A. Manzullo, Senator Richard 'Dick' J. Durbin, Senator Barack Obama
Jun 23, 2006
Senator Barack Obama
United States Senate
713 Hart Senate Office Building
Washington, DC 20510-0001
Dear Senator Obama,
As a constituent with an interest in technological innovation and the future of the Internet, I am writing to ask you to oppose the PERFORM Act, introduced in the Senate by Senator Feinstein and currently under consideration for introduction in the House of Representatives.
This bill is an attempt by the recording industry to cure short term contractual issues by placing blanket restrictions on technology, curtailing the right of consumers to noncommercial recording in their own homes, and mandating their own restricted radio streaming standards.
The bill would forbid future digital radio receivers that allowed "automated recording, or playback based on specific programs, time periods, or channels as selected by the user" in digital radio -- even though such abilities are unrelated to online piracy and have been a source of innovation in other media, such as TiVo and other digital video recorders. The bill would also for the first time compel Internet radio stations -- individuals and companies broadcasting streaming music online -- to abandon the established MP3 standard in preference for a narrow selection of government-permitted, incompatible, proprietary formats. Our modern copyright law has always avoided playing kingmaker with technology. The PERFORM Act would break this important principle and create a very dangerous precedent.
The Consumer Electronics Retailers Coalition called PERFORM "strictly a bill to limit the options of honest people." Musician Todd Rungren told the Senate Judiciary committee that it was "yet another futile attempt to turn back the clock" by the music industry.
I urge you to defend my right to home recording, and the freedom of technologists and musicians to innovate new, profitable technological tools. Please do not co-sponsor the PERFORM Act or its House equivalent, and vote against either if it comes before you.
Sincerely,
Mr. Rich Russom
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