Computers, the Internet, and intellectual property rights continue to clash in courts as technology allows users to copy, transfer, and manipulate copyrighted materials without the permission of the owners. Unauthorized use of musical recordings has recently been at the forefront of this controversy. In the early 1990s, Congress took action to address one aspect of the conflict between technology and intellectual property rights in the music industry. The Audio Home Recording Act (AHRA) made it unlawful to import, manufacture, or distribute a digital audio recording device that does not conform to the Serial Copy Management System or a similar system designed to prevent unauthorized serial copying. The AHRA is not broadly aimed at serial copying of copyrighted music. Rather, it focuses on the means of recording through the use of a "digital audio recording device." The AHRA defines such a device as any machine or device of a type commonly distributed to individuals for use by individuals . . . the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio recording for private use.

A lawsuit recently was brought against the manufacturers of the Rio," a compact device that allows the user to play an audio file after it has been downloaded to the Rio. The Rio can store about an hour of music, is accessible to the listener only by headphones, and has no duplication, transfer, or upload capability. The court held that the statute did not apply to the Rio and, therefore, could not restrict the sale and distribution of it.

[ Assumption of Risk ] [ Digital Audio Recording ] [ The Domain Name Game ] [ Business Entity Basics ] [ Estate Planning ] [ Fraudulent Hiring ] [ Sexual Harassment in Employment ] [ FDIC Insurance Pitfalls ] [ No-Fault Breakup ] [ OSHA Telecommuting Rules ] [ Estate Planning ] [ The Great Pretender ] [ What Is Title Insurance? ] [ You May Not Already Be a Winner ]

RETURN TO REPORT NEWSLETTER TOC