[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Page S10729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S.J. Res. 51. A resolution to recognize the rights of consumers to 
use copyright protected works, and for other purposes; to the Committee 
on the Judiciary.
  Mr. WYDEN. Mr. President, today I am introducing a resolution that 
spells out what I believe should be the basic rights of consumers to 
use and enjoy legally acquired copyrighted works. The purpose of this 
resolution is simple: to establish the principle that as the Nation's 
copyright system evolves and adapts to new technologies, it must 
respect and preserve the interests of consumers. I am joined in this 
effort by my friend and frequent collaborator, Representative Chris 
Cox, who has already introduced a similar resolution in the House.
  In today's information age, intellectual property rules are the oil 
that helps keep the economic engine running smoothly. Digitization and 
the rise of the Internet have given the engine a big boost by creating 
new and more efficient ways of circulating, manipulating, and using 
information. The pace of these developments has left the copyright 
system scrambling to keep up.
  Industry working groups have been meeting over the past several years 
to negotiate new copy protection rules, but consumers have not always 
had a prominent seat at the table, and there is a real risk that the 
interests of consumers could get short shift. That is why I believe it 
is important to affirm that new copyright protection systems must not 
be allowed to undermine or erode the existing rights and expectations 
of consumers. Existing copyright laws, under the doctrine of ``fair 
use,'' permit consumers to make copies of content for limited, non-
commercial purposes. A new copyright regime for the digital world must 
not narrow or limit these rights. It would be a terrible irony if the 
advances in digital technology were to result in a step backwards for 
consumers.
  I expect to see a great deal of activity on this subject during the 
next Congress--on the legislative front certainly, but also in further 
negotiations between industry groups and in efforts to devise new 
technological approaches. To ensure that the scope of ``fair use'' in 
the digital world will not be any narrower than it has been in the 
analog world, I believe it would be helpful for Congress to spell out 
its expectations concerning what legitimate fair use includes. That is 
what this resolution aims to do. Specifically, it says that consumers 
of legally acquired content should be permitted to make copies for 
purposes of using the content later (time-shifting), using it in a 
different place (space shifting), or making a backup; to use the 
content on different platforms or devices; to translate the content 
into different formats; and to use technology to achieve any of these 
purposes. Copyright law should not give copyright holders the ability 
to prohibit such legitimate, personal, non-commercial activity.
  It is clear to me that the content industries face very serious 
challenges in preventing piracy, and that intellectual property 
protections must be strong. People and companies that create 
copyrighted works must be fairly compensated, and piracy must be 
punished. America's information-based economy depends on it.
  But efforts to combat piracy must not come at the expense of 
legitimate consumer uses of intellectual property. That would be 
throwing out the baby with the bathwater.
  I understand that the content industries have serious concerns about 
this resolution. I have listened to them, and I can appreciate theirs 
fear that, for example, expressing consumer rights in too absolute a 
fashion could open the door to someone making 1,000 copies of a CD to 
share with all their friends and acquaintances at no charge. That is 
not my intention. So the resolution I am introducing specifies that the 
rights in question must be exercised in a reasonable, personal, and 
non-commercial manner. The rights are not absolute.
  Going forward, I intend to continue to listen to both sides of this 
debate, and to support solutions that do not upset the balance in 
existing law between commercial use and non-commercial, personal use. I 
want to protect the interests of both copyright holders and consumers. 
But the fact is, as of today, nobody in the Senate has stepped forward 
with legislation on the consumer side of this issue. This resolution 
helps fill that void.
  Introducing this resolution now, with the end of this Congress 
drawing near, Congressman Cox, and I are essentially laying down a 
marker for next year's debate. I will work closely with my Chairman on 
the Senate Commerce Committee, Senator Hollings, and others to move the 
issue forward. A positive expression affirming the reasonable interests 
of consumers should be part of this Nation's evolving copyright regime.

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