Author Archives: Rick Boucher

Pay Per Use Society

Whenever I speak with librarians about fair use or the Copyright Act more generally, I inevitably hear them express concerns that we run the risk of becoming a pay per use society, one in which content is available only for a fee. I am concerned that the bookmobiles we all grew up with and their modern day equivalents will go the way of the eight track and the reel-to-reel, replaced by a world in which access to information will depend on the ability to pay and, worse, a world in which a payment gets you only a license to view… Continue reading

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New Legal Regime for VoIP

Next year, Congress will begin the difficult process of rewriting the Telecommunications Act of 1996. As a Member of the House Energy and Commerce Committee (as well as the Judiciary Committee), I see this exercise as an enormously valuable opportunity to fashion new federal guidelines for the era of Internet-based communications. In anticipation of this debate, I have joined with Representative Cliff Stearns of Florida in drafting H.R. 4757, the Advanced Internet Communications Services Act. The legislation would stimulate investment in, and encourage the rapid deployment of, Voice over Internet Protocol (VoIP) and other Advanced Internet Communcations Services. We begin… Continue reading

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New Legal Regime for Music File Sharing

When disruptive new technologies have emerged that changed the way in which consumers have gotten access to news and entertainment (e.g., radio and cable television), the existing legal structures of the Copyright Act often could not accommodate the challenges posed by the new technology. In the early case of piano rolls and later with radio and cable television, for example, Congress adopted compulsory licensing legislation as a means of appropriately compensating content owners while simultaneously encouraging widespread use of the new technologies. With P2P music file sharing, we have witnessed a range of dramatic responses from the content owning community:… Continue reading

Posted in ideas | 58 Comments

Fair Use in the Digital Age

Out of concern that the Digital Millenium Copyright Act went too far in restricting fair use in the digital era, I have drafted and introduced along with John Doolittle of California H.R. 107, the Digital Media Consumers’ Rights Act. Among other objectives, the bill would confirm that a person would not be deemed to have illegally “circumvented” technical protection measures guarding access to copyrighted works under Section 1201 of the DMCA as long as he or she had no intent to infringe the copyright in the work. Our bill also embodies the Supreme Court’s Betamax standard to insulate from liability… Continue reading

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Induce No More

I have tremendous respect for the scholarship of Professor Larry Lessig, and I am honored to be asked to host his blog this week. I hope that over the coming 5 days, we will have a series of thought-provoking conversations. Your views and suggestions will be helpful to me as we consider a variety of matters that Congress is now debating or will take up next year. Let’s begin today with the hottest topic, the so-called Induce Act. The Senate has under consideration a bill ( S. 2560 , often referred to as the Induce Act) that makes it unlawful… Continue reading

Posted in politics | 84 Comments