Just received this reply from Senator Carper. Although it was kind of him to write such a detailed reply, I thought he hedged on both sides...
Dear Mr. Yanis:
Thank you for contacting me regarding S. 256, the PERFORM. I appreciate hearing your views on this important issue.
As you probably know, the fair use doctrine in copyright law allows,
under certain circumstances, the unauthorized use of copyrighted
material. The Copyright Act of 1976 establishes four criteria for
determining whether or not an unauthorized use of a work violates the
rights of the copyright owner. These criteria are: 1) the amount and
character of the use; 2) the nature of the copyrighted work; 3) the
amount copied in relation to the whole copyrighted work; and 4) the
effect of the copying on the potential market for the copyrighted work.
Courts have historically applied the fair use doctrine on a
case-by-case basis in establishing an equitable balance between the
rights of the copyright owner and the rights of those who use the
copyrighted work without authorization. However, court decisions have
made it clear that it is the responsibility of Congress, and not of the
courts, to strike an optimal balance between both sets of rights.
Recent and rapid advancements in technology have renewed the debate in
Congress over the appropriate balance between these sets of rights.
Through the Internet, consumers can attain virtually perfect
reproductions of copyrighted works with a click of a mouse, and
distribute works just as easily. In response, Congress passed the
Digital Millennium Copyright Act (DMCA) in 1998, to provide copyright
owners protection from the rapidly growing communities of Internet
users who participate in this unauthorized attainment and distribution
of copyrighted works. Critics of the DMCA believe that the Act went
too far to protect the rights of the copyright owner.
Although I was not a member of Congress when it passed the DMCA, I
agree that providing copyright owners protection from illegal use of
technology should not come at the total expense of fair use rights.
Having said that, I believe that Congress needs to consider practical
solutions that include preventing content piracy, keeping up with the
exponential progress of technology, and upholding the fair use rights
of content users.
Last year, the U.S. government launched an education campaign to curb
illegal copying of movies, music, and computer software. According to
recent reports, the Recording Industry Association of America lost an
estimated $4.6 billion, and the Motion Picture Association of America
lost $30 billion due to piracy last year. As you know, Senator Dianne
Feinstein (D-CA) recently introduced the PERFORM Act (S. 256), a bill
to help combat copyright infringement. It would expand the Justice
Department's authority by allowing it to file civil copyright
infringement cases against violators who intend to induce others to
infringe copyrights.
That being said, I would not support legislation that would prevent the
advancement of technology, or that would prevent Americans from using
every day technology, such as VCR's, file sharing networks, and Apple
iPods. At this time, S. 256 is currently pending in Senate Judiciary
Committee. If I have an opportunity to vote on S. 256 or similar
legislation, please be assured that I will keep your views in mind.
Thank you again for expressing your thoughts regarding copyright law
legislation in the age of the Internet. Please feel free to contact me
in the future regarding this, or another issue of importance to you.
With best personal regards, I am
Sincerely,
Tom Carper
United States Senator
Please do not respond to this email. To send another message please visit my website at http://carper.senate.gov/aemail.cfm and fill out the webform for a prompt response. Thank you.