Artists, producers, and record companies believe that consumer recording of copyrighted material is unfair use of their intellectual property. Copyright holders claim they have lost billions of dollars, paint dire images of unemployed musicians and their starving children, and warn about the loss of our cultural heritage after illegal consumer recording bankrupts the record and movie industries.

Over the years the copyright holders have sponsored legislation that, if enacted, would limit (and hopefully eliminate) consumer recording. They are very serious about their effort and are willing to spend hundreds of millions of dollars to make their point. If the paper publishing industry had taken a similar approach, there would be constant attempts to ban photocopy and FAX machines.

Unopposed, these measures would have become national law many years ago.

We've been to Washington and testified before a Senate subcommittee debating these issues. That encounter with the legislative process was very educational. Relatively few citizens seem to understand the legislative process, even though it is obvious and very simple. This lack of understanding, a feeling that the efforts of a single individual cannot matter, or that the merits of an issue are so obvious that your preferences will be upheld in the end, guarantee disappointment.

As an example, let us assume that a group has determined that red automobiles should be removed from the highways. The group will prepare a statement and take it to their legislator requesting action. Unfortunately, hundreds of other groups traveled to Washington that week to present their own issues. Without follow-up, the red car issue would fade away at the bottom of an in-basket.

But the red car group was savvy and presented their issue to all legislators and made sure that each was contacted regularly. Meanwhile, everyone else felt the red car issue was so ridiculous that they ignored it. But, the red car group continued to make sure congress was constantly bombarded with calls and letters asking that red cars be banned. At formal meetings and informal social gatherings congressmen found that "everyone" was talking about the red car issue and no one opposed it. Eventually, since so many constituents apparently wanted the red car ban and there didn't seem to be any opposition, a bill was passed to ban red cars.

Finally, the incredulous opposition chided congress for passing such an unnecessary bill, but it was too late -- red cars were banned.

Like it or not, the legislative process depends on the ability of groups to influence congress. This influence can come in the form of "grass roots" efforts or contract professional services. While none of these efforts is necessarily expensive or involves anything that is immoral or illegal, the process can degenerate into an arms race where the loudest voice wins.

Unless you use your voice, you'll never be heard.

It's easy, really, just learn the issues and use your voice. Call or write your legislator.

Professional help is available. The HRRC (Home Recording Rights Coalition) is a Washington DC based group dedicated to preserving the consumer's right to record audio and video at home. The group is financed by contributions of time and money from big industry, small businesses, foundations, and individuals.

Visit the HRRC website for more details.

The copyright holders are asking for very strong legislation that will effectively block any form of copying or recording by consumers (for any purpose) by making the manufacture and sale of such devices illegal.

Recently, the copyright holders have won an important victory. Beginning July 1, 2005, manufacturers must impliment the "broadcast flag" in products that process HDTV broadcasts. This will limit the functionality of future home audio/video/computer products (compared to current products). Some very slick current products will become illegal and must be redisigned (to do less) or withdrawn from the market.

Were you aware of this struggle? Is this the outcome you imagined or wanted? If not, get reading and get writing (to your government). Before you know it, red cars will be gone!

Janis Ian has contributed an excellent set of articles on these issues:

THE INTERNET DEBACLE - AN ALTERNATIVE VIEW

A US consumer group:

www.digitalconsumer.org

The RIAA

Most of their Home Page content is piracy related.

The MPAA

Most of their Home Page content is piracy related.

Peter Gutmann

Peter offers an analysis of what happens when the copyright owners gain control over your media computer.