PERFORM Act

Hi, everyone. Sorry for the hiatus, but trying to get everything back on track after breaking my ankle has been a little more difficult that I imagined. I know, I have lots of catching up to do (Santangelo developments, for example). but I figured I’d start small and ramp back up. So, here’s the Summary for S.256, the PERFORM Act (cited in my last post). Here’s at least some of the language that raises the specter of an effort to make sure that home recording never becomes more technologically sophisticated than it is today::

  (d) Definition- Section 114(j) of title 17, United States Code, is amended–

    (1) by redesignating paragraphs (10) through (15) as paragraphs (11) through (16), respectively; and

    (2) by inserting after paragraph (9) the following:

      `(10)(A) A `reasonable recording’ means the making of a phonorecord embodying all or part of a performance licensed under this section for private, noncommercial use where technological measures used by the transmitting entity, and which are incorporated into a recording device–

        `(i) permit automated recording or playback based on specific programs, time periods, or channels as selected by or for the user;

        `(ii) do not permit automated recording or playback based on specific sound recordings, albums, or artists;

        `(iii) do not permit the separation of component segments of the copyrighted material contained in the transmission program which results in the playback of a manipulated sequence; and

        `(iv) do not permit the redistribution, retransmission or other exporting of a phonorecord embodying all or part of a performance licensed under this section from the device by digital outputs or removable media, unless the destination device is part of a secure in-home network that also complies with each of the requirements prescribed in this paragraph.

      `(B) Nothing in this paragraph shall prevent a consumer from engaging in non-automated manual recording and playback in a manner that is not an infringement of copyright.’.