The FAIR USE Act, formally known as the Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007, was a significant legislative proposal aimed at amending U.S. copyright law. Introduced by Representative Rick Boucher, the Act sought to address the balance between copyright protection and fair use rights. Although it was not reintroduced after its initial proposal, the Act remains a notable attempt to reform copyright law in the United States.
Legislative Background and Objectives
The FAIR USE Act was introduced in the U.S. House of Representatives on February 27, 2007, by Rick Boucher. This was Boucher's third attempt to reform provisions within the Digital Millennium Copyright Act (DMCA), following the Digital Media Consumers' Rights Acts of 2003 and 2005. The primary objective of the FAIR USE Act was to promote innovation and protect the fair use rights of consumers. It aimed to amend Title 17 of the U.S. Code, including portions of the DMCA, to encourage the introduction of new technology and enhance library preservation efforts.
One of the key provisions of the Act was to prevent courts from holding companies financially liable for copyright infringement resulting from the use of their hardware or software. It also proposed six permanent circumvention exemptions to the DMCA, which would redefine permissible acts of circumvention without making circumvention itself an act of fair use.
Provisions and Amendments
The FAIR USE Act consisted of two main provisions: redefining copyright infringement and amending copyright circumvention exemptions. Section 2 of the Act aimed to amend Section 504(c)(2) of Title 17, preventing courts from levying statutory damages in cases of secondary infringement. It also sought to reverse the Supreme Court's decision in MGM Studios, Inc. v. Grokster, Ltd., which held distributors of devices liable for promoting their use to infringe copyright.
Section 3 of the Act focused on DMCA amendments, codifying circumvention exemptions granted by the Librarian of Congress in 2006. It proposed exceptions for libraries and archives, skipping objectionable content, transmitting over personal networks, accessing public domain works, public interest work and research, and preservation. These amendments aimed to address the limitations faced by consumers and institutions under the existing DMCA framework.
Criticism and Impact
The FAIR USE Act faced criticism from both proponents and opponents of DMCA reform. Proponents argued that the Act was "wishy-washy" and did not address key issues such as ripping personal copies for cross-media consumption. Opponents, including the Recording Industry Association of America, claimed that the Act would "legalize hacking and piracy."
Despite its failure to be reintroduced, the FAIR USE Act highlighted the ongoing debate over copyright reform and the need to balance copyright protection with fair use rights. It underscored the challenges faced by lawmakers in addressing the evolving landscape of digital media and technology. The Act's provisions and the discussions it sparked continue to influence conversations around copyright law and fair use in the United States.
