Exemption From Infringement Actions
The AHRA contains one positive provision for the consumer electronics industry and consumers, section 1008, a "Prohibition on certain infringement actions:"
"No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."
According to the Senate, this provision was intended to "conclusively ... resolve" the debate over audio home taping, and " an atmosphere of certainty to pave the way for the development and availability of new digital recording technologies and new musical recordings." In the latter regard, it was successful: the provision made the sale of DAT and Minidisc possible in the United States, by protecting device manufacturers, importers and distributors from infringement suits like Cahn v. Sony.
In regard to home taping, the provision broadly permits noncommercial, private recording to analog devices and media. However, it fails to resolve the home taping debate "conclusively," as it only permits noncommercial, private recording to digital devices and media when certain technology is used.
By using the terms "digital audio recording device" and "digital audio recording medium", which have specific meanings in this legislation, Congress required that in order to be exempt from copyright infringement actions, digital copies must be made to a device or medium marketed specifically for recording audio. Though there are no reliable figures on the subject, the meager returns to the Copyright Office's DART fund amidst widespread copying and dissemination of digital music suggests that a great deal of copying, noncommercial or otherwise, is accomplished using devices not covered by the AHRA, such as portable MP3 players, computer hard drives, and most CD burners and CD-Rs.
Read more about this topic: Audio Home Recording Act
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