[Congressional Record: October 14, 1998 (Extensions)]
[Page E2166]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr14oc98-37]


                    DIGITAL MILLENNIUM COPYRIGHT ACT

                                 ______


                               speech of

                           HON. RICK BOUCHER

                              of virginia

                    in the house of representatives

                        Monday, October 12, 1998

  Mr. BOUCHER. Mr. Speaker, I am pleased to rise in support of the
conference report on H.R. 2281.
  Through this legislation, we extend new protections to copyright
owners to help them guard against the theft of their works in the
digital era. At the same time, we preserve the critical balance in the
copyright law between the rights of copyright owners and users by also
including strong fair use and other provisions for the benefits of
libraries, universities, and information consumers generally.
  I am pleased to advise my colleagues that many of the compromises
achieved in this legislation reflect the work of the Commerce
Committee. I want to underscore my appreciation for the leadership of
Chairman Bliley and Ranking Member Dingell in successfully crafting
balanced legislation both in the Committee and as conferees.
  I want to highlight briefly several provisions addressing fair use
and the effect of this legislation on consumer electronics devices,
computers and other technologies. These provisions are fundamental to
the balance that the conferees have achieved in this measure.
  First, the conferees included a provision which ensures that the
legislation's prohibition against circumvention of copy protection
technologies in digital works does not thwart the exercise of fair use
and other rights by all users. This safeguard requires that the
Librarian of Congress, in consultation with the Register of Copyrights
and the National Telecommunications and Information Administration of
the Commerce Department, conduct proceedings periodically to determine
if these rights are being adversely affected by copy protection
technologies in the digital age. If the Librarian of Congress
determines that noninfringing uses of certain classes of copyright
works are, or are likely to be, adversely affected, then the measure's
prohibition against circumvention of copy protection technologies shall
not apply to users with respect to those works.
  Second, with respect to consumer electronics devices and other
equipment, the conferees included a ``no mandate'' provision which
should reassure manufacturers of future digital telecommunications,
consumer electronics and computing products that they have the design
freedom to choose parts and components in designing and building new
equipment. Read together with other provisions of the measure and other
parts of the relevant legislative history, the ``no mandate'' provision
confirms that Congress does not intend to require equipment
manufacturers to design new digital telecommunications equipment,
consumer electronics and computing products to respond to any
particular copy protection technology.
  Third, the conferees also clarified that manufacturers, retailers and
professional services can make ``playability'' adjustments to their
equipment without fear of liability. Recognizing that, whether
introduced unilaterally or after a multi-industry development process,
a copy protection technology might cause playability problems, the
conferees explicitly stated that makers or servicers of consumer
electronics, telecommunications or computing products can mitigate
these problems without being deemed to have violated the measure's
prohibition against circumvention of a copy protection technology.
Equipment manufacturers should thus be able to make product adjustments
without fear of liability, and retailers and professional servicers
should not feel burdened with the threat of litigation in repairing
videocassette recorders and other popular products for their customers.
  Taken together, these provisions demonstrate that the legislation is
not intended to diminish core fair use and other rights that have
always been recognized in our copyright law. These provisions confirm
that the measure does not limit the development and use of consumer
electronics, telecommunications, and computer products used by
libraries, universities, schools and consumers everyday for perfectly
legitimate purposes.
  In short, with these and the other changes made to preserve the
rights of information consumers, the conferees have produced a bill
worthy of our support. I commend their efforts in achieving this
careful compromise.

                          ____________________
