Section 115 Reform Act of 2006
Encyclopedia
The Section 115 Reform Act of 2006 ("SIRA" or "S1RA") was a bill
introduced June 8, 2006 in the 109th United States Congress by Howard Berman
(California
-D
) and Lamar Smith
(Texas
-R
) as part of . It is one of several recent attempts to modify Section 115 of the United States Copyright Act
to accommodate digital delivery of musical works.
This bill was never enacted and thereby expired.
s. Once a phonorecord of a nondramatic musical work has been distributed to the public, any other person, subject to certain conditions, may obtain a compulsory license to make or distribute copies of the work.
In 1995, Congress enacted the Digital Performance Right in Sound Recordings Act
in response to emerging technologies and business structures which allowed listeners to legally stream or download sound recordings on their computers. The DPRA included digital music providers, such as Rhapsody
, Pandora
, and XM Radio, among those who could obtain a compulsory license to distribute copies of phonorecords.
The licensure of digital music still remained somewhat ambiguous under the DPRA, but many believed that digital music providers were implicitly required to clear the rights of each individual song they made available.
As early as 2001, the Copyright Office initiated discussions to amend section 115 to resolve ambiguities and streamline licensing for digital music providers.
buffer copies.
Critics of the S1RA
urged that the language of the bill implied that music consumers could be held liable for incidental copies created on their computers in the normal process of streaming, downloading, or playing the music they had purchased.
right of music consumers to engage in legal home-taping, and the rights of digital music providers to make and distribute recording devices which could encourage home-taping. Both home-taping and the distribution of home-taping devices are legal in the United States under of the Copyright Act and under the Audio Home Recording Act
of 1992.
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
introduced June 8, 2006 in the 109th United States Congress by Howard Berman
Howard Berman
Howard Lawrence Berman is the U.S. Representative for , serving since 2003. He is a member of the Democratic Party. He earlier served in the California State Assembly from 1974 to 1982, and as the U.S...
(California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
-D
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
) and Lamar Smith
Lamar Smith
Lamar Smith may refer to:* Lamar S. Smith , U.S. Representative from Texas* Lamar Smith , U.S. civil rights activist; murdered in Mississippi* Lamar Smith , NFL running back, 1994–2004...
(Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
-R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
) as part of . It is one of several recent attempts to modify Section 115 of the United States Copyright Act
Copyright Act of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions...
to accommodate digital delivery of musical works.
This bill was never enacted and thereby expired.
Content
The central aim of the SIRA was to provide "legitimate digital music services with an efficient way to clear all the rights they [need] to make large numbers of musical works quickly available by an ever-evolving number of digital means while ensuring that the copyright holders are fairly compensated." The S1RA would have met this need by providing for a blanket license for digital music providers.Background
Section 115 of the United States Copyright Act outlines the scope of compulsory licenses for making and distributing phonorecordPhonorecord
A phonorecord is defined by the United States Copyright Act of 1976 to be a material object which embodies sounds , for example cassette tapes, CDs or albums....
s. Once a phonorecord of a nondramatic musical work has been distributed to the public, any other person, subject to certain conditions, may obtain a compulsory license to make or distribute copies of the work.
In 1995, Congress enacted the Digital Performance Right in Sound Recordings Act
Digital Performance Right in Sound Recordings Act
The Digital Performance Right in Sound Recordings Act of 1995 is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform the copyrighted work publicly by means of a digital audio transmission.” The DPRA was enacted in response to the...
in response to emerging technologies and business structures which allowed listeners to legally stream or download sound recordings on their computers. The DPRA included digital music providers, such as Rhapsody
Rhapsody (online music service)
Rhapsody is an online music store subscription service, launched in December 2001, and available in the United States only. On April 6, 2010, Rhapsody officially declared its independence from RealNetworks. Downloaded files come with restrictions on their use, enforced by Helix, Rhapsody's version...
, Pandora
Pandora
In Greek mythology, Pandora was the first woman. As Hesiod related it, each god helped create her by giving her unique gifts...
, and XM Radio, among those who could obtain a compulsory license to distribute copies of phonorecords.
The licensure of digital music still remained somewhat ambiguous under the DPRA, but many believed that digital music providers were implicitly required to clear the rights of each individual song they made available.
As early as 2001, the Copyright Office initiated discussions to amend section 115 to resolve ambiguities and streamline licensing for digital music providers.
“Incidental Copies”
If enacted, the S1RA would have provided for a blanket license for digital music providers to reproduce and distribute "general and incidental" digital copies of musical works, including cache, network, and RAMRam
-Animals:*Ram, an uncastrated male sheep*Ram cichlid, a species of freshwater fish endemic to Colombia and Venezuela-Military:*Battering ram*Ramming, a military tactic in which one vehicle runs into another...
buffer copies.
Critics of the S1RA
urged that the language of the bill implied that music consumers could be held liable for incidental copies created on their computers in the normal process of streaming, downloading, or playing the music they had purchased.
“Distributions”
Critics of the SIRA argued that the language of the bill incorrectly conflated "transmissions", such as interactive streams, with "distributions". It was argued that this conflation could unfairly limit the Fair UseFair use
Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders...
right of music consumers to engage in legal home-taping, and the rights of digital music providers to make and distribute recording devices which could encourage home-taping. Both home-taping and the distribution of home-taping devices are legal in the United States under of the Copyright Act and under the Audio Home Recording Act
Audio Home Recording Act
The Audio Home Recording Act of 1992 amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media"...
of 1992.
Recent Proposals to Reform Section 115
In November, 2008, the US Copyright Office announced the implementation of an interim regulation which would clarify the scope of section 115 for digital music providers. It has also been controversial. The copyright office has declined, in this interim regulation, to discuss whether RAM buffer copies and other incidental copies constitute copies under the meaning of the copyright act.See also
- Audio Home Recording ActAudio Home Recording ActThe Audio Home Recording Act of 1992 amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media"...
- Digital rights managementDigital rights managementDigital rights management is a class of access control technologies that are used by hardware manufacturers, publishers, copyright holders and individuals with the intent to limit the use of digital content and devices after sale. DRM is any technology that inhibits uses of digital content that...
- Internet radioInternet radioInternet radio is an audio service transmitted via the Internet...
- Platform Equality and Remedies for Rights Holders in Music Act of 2007Platform Equality and Remedies for Rights Holders in Music Act of 2007The Platform Equality and Remedies for Rights Holders in Music Act of 2007, also known as simply the Perform Act of 2007 and sometimes written as PERFORM Act is a bill introduced January 11, 2007 in the 110th Congress by Dianne Feinstein and sponsored by Lindsey Graham , Joe Biden , and Lamar...
- Digital Millennium Copyright ActDigital Millennium Copyright ActThe Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...