IV 112th CONGRESS 1st Session H. CON. RES. 42 IN THE HOUSE OF REPRESENTATIVES April 14, 2011 Mr. Issa (for himself and Ms. Eshoo) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned CONCURRENT RESOLUTION Entitled the Creativity and Innovation Resolution.

Whereas creativity and innovation are the backbone of the American economy; Whereas the genius of American artists has created a great cultural legacy and continues to create a critically important source of income to the American economy; Whereas American technology innovators lead the world in providing new products to benefit consumers and the American economy; Whereas American technology innovators support protecting the livelihoods of American artists, creators, and innovators; Whereas the creative industries represent a substantial portion of the gross domestic product of the United States; Whereas the United States wireless industry has spent more than $240 billion in capital investments since 2001 to deliver advanced wireless telecommunications to Americans; Whereas supporting both creativity and advanced technological innovations is vital to the economic and cultural future of the United States; Whereas investment in the creation of great recorded music and cutting-edge technological advances should be nurtured and encouraged; Whereas it is important to the American economy as a whole that the appropriate economic incentives are present for creators, innovators, and their investors to take the risks necessary to continue to create and innovate; Whereas the principle that creators and innovators should be protected is enshrined in clause 8 of section 8 of article I of the Constitution; Whereas the United States should be a leader in promoting the creative industries and the advancement of innovative technologies; Whereas the United States should provide fair and meaningful protection for artists, creators, and innovators; Whereas copyrights need to be supported to encourage creative development; Whereas Internet, satellite, and cable radio support the creation of new music by compensating the artists whose talent and hard work are at the core of the music and the investors who support them and bring their music to the public; Whereas the development of new technology, including innovative mobile devices that offer consumers these advanced radio services, ought to be encouraged; and Whereas a new Government mandate that will force mobile device manufacturers and wireless carriers to include terrestrial broadcast radio tuners in new mobile devices will stifle innovation, competition, and consumer choice: Now, therefore, be it

That Congress should— (1)protect those who create intellectual property and provide economic incentives that will encourage American artists, creators, and innovators to take the necessary risks to create and innovate; and (2)oppose any mandate for the inclusion of terrestrial broadcast radio tuners in the manufacture or sale of mobile devices, which would stifle innovation, competition, and consumer choice.