Lofgren Introduces Legislation To Protect Consumers Rights In The Digital Age

Silicon Valley Congresswoman reintroduces BALANCE Act to respect consumer rights and expectations

Media Contact: Steve Adamske, 202.225.1943 (Media Only, Please)

Washington, DC – Congresswoman Zoe Lofgren (D-CA) today reintroduced legislation designed to protect consumer’s ability to enjoy purchased digital copies of books, music and movies. Lofgren’s bill, the Benefit Authors without Limiting Advancement or Net Consumer Expectations, or BALANCE Act, gives lawful consumers the ability to make personal uses of digital entertainment such as music, movies and books. The bill recognizes that digital piracy will never be truly solved until consumers are given an affordable, reliable, legitimate and secure alternative.

“There is wide agreement to fight piracy, and it is something that needs to be stopped. But individual consumers are being denied their legitimate rights in the digital age,” said Lofgren. “We can solve this problem, but lawsuits and locking down content are not the solutions.”

Traditionally, copyright laws have tried to balance the interests of copyright holders in the control and exploitation of their works with the interests of society in the free flow of ideas, information and commerce. This is sometimes referred to as “fair use.” Lofgren seeks to maintain that balance in the digital age by finding ways to prevent and punish digital pirates without treating every consumer as a criminal. Lofgren’s legislation is calling for specific changes in the Digital Millennium Copyright Act (DMCA).

“This legislation would ensure that consumers are able to buy content that is compatible across platforms, thereby encouraging technological development and competition,” continued Lofgren. “Specifically, it will allow consumers to make backup copies and display digital works on their preferred digital media devices.”

For example, Lofgren’s bill will allow consumers to make copies of purchased digital media for use in their car, computer or mobile device. Lofgren ultimately believes her proposal will not only benefit consumers, but will spur technological innovation and lead to greater copyright protection. Specifically, the legislation:

  • Clarifies that America’s historic principles of fair use – protected under Section 107 of the Copyright Act – apply to analog and digital transmissions.
     
  • Allows purchasers to make backup copies and display digital works on the devices of their choice.
     
  • Protects purchasers by prohibiting non-negotiable shrink-wrap licenses that limit their rights and expectations.
     
  • Clarifies that purchasers can sell or give away their copies of digital works, just like they can with traditional hard media.
     
  • Protects purchasers by permitting them to bypass technical measures that impede their rights and expectations.
     
  • Provides flexibility for content owners to develop new and innovative ways to protect their content and enable lawful uses.

The BALANCE Act has wide support among leading academics, including Professor Larry Lessig of Stanford Law School and Professor Pamela Samuelson of Boalt Hall, consumer electronics, computing, communications and Internet commerce companies, consumer groups, and libraries. In addition, Congressman Rick Boucher is an original cosponsor of the bill.

“This legislation will help all interested parties focus their eyes on the ultimate prize, which is a robust digital marketplace where digital rights management provides sufficient protection for content owners, where the IT industry has the freedom to create new and exciting devices and services, and where consumers are given a broad array of lawful alternatives that are affordable, reliable, secure, and respectful of their legitimate rights and expectations,” said Lofgren.

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