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S 1623 - 102

Audio Home Recording Act of 1992

Became Public Law No: 102-563.

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Summary

36 Passed House amended Apr 18, 2002

Audio Home Recording Act of 1992 - Amends Federal copyright law to set forth definitions relating to digital audio recording devices and media. Prohibits the importation, manufacture, or distribution of any digital audio recording device or interface device that does not conform to the Serial Copy Management System or any other system certified by the Secretary of Commerce as prohibiting unauthorized serial copying. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Requires the Register to issue regulations to provide for the verification and audit of statements and to protect confidentiality of information. Prescribes royalty payment guidelines for digital audio recording devices imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Prohibits copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium or on noncommercial use of such devices or media for making digital or analog musical recordings. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.

35 Passed Senate amended Apr 18, 2002

Audio Home Recording Act of 1992 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making audiograms, except where commercial advantage is involved. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements, and sets forth verification guidelines. Provides that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines for mandatory statements of account. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System (SCMS); and (2) the circumvention of the SCMS. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document setting forth standards and specifications pertinent to the SCMS. Authorizes the Secretary to implement such System according to prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration. Sets forth the Technical Reference Document for the Audio Home Recording Act of 1992 which spells out standards and specifications' constituting the functional characteristics for implementing the SCMS in digital audio interface formats, digital audio recording devices, and nonprofessional model digital audio tape recorders. Repeals such provisions once the Document is published in the Federal Register.

01 Reported to Senate with amendment(s) Apr 18, 2002

Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making audiograms, except where commercial advantage is involved. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements, and sets forth verification guidelines. Provides that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines for mandatory statements of account. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System (SCMS); and (2) the circumvention of the SCMS. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document setting forth standards and specifications pertinent to the SCMS. Authorizes the Secretary to implement such System according to prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration. Sets forth the Technical Reference Document for the Audio Home Recording Act of 1991 which spells out standards and specifications' constituting the functional characteristics for implementing the SCMS in digital audio interface formats, digital audio recording devices, and nonprofessional model digital audio tape recorders.

00 Introduced in Senate Apr 18, 2002

Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.

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Timeline

Oct 28, 1992

Signed by President.

Oct 28, 1992

Signed by President.

Oct 28, 1992

Became Public Law No: 102-563.

Oct 28, 1992

Became Public Law No: 102-563.

Oct 20, 1992

Presented to President.

Oct 20, 1992

Presented to President.

Oct 9, 1992

Message on Senate action sent to the House.

Oct 7, 1992

Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.

Oct 7, 1992

Senate agreed to the House amendment by Voice Vote.

Sep 24, 1992

Message on House action received in Senate and at desk: House amendment to Senate bill.

Sep 22, 1992

Mr. Brooks asked unanimous consent to take from the Speaker's table and consider.

Sep 22, 1992

Considered by unanimous consent.

Sep 22, 1992

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 3204. Agreed to without objection.

Sep 22, 1992

Passed/agreed to in House: On passage Passed without objection.

Sep 22, 1992

On passage Passed without objection.

Sep 22, 1992

A similar measure H.R. 3204 was laid on the table without objection.

Sep 22, 1992

Motion to reconsider laid on the table Agreed to without objection.

Jun 24, 1992

Received in the House.

Jun 24, 1992

Held at the desk.

Jun 24, 1992

Message on Senate action sent to the House.

Jun 17, 1992

Measure laid before Senate by unanimous consent.

Jun 17, 1992

The committee substitute as amended agreed to by Voice Vote.

Jun 17, 1992

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Jun 17, 1992

Passed Senate with an amendment by Voice Vote.

Jun 9, 1992

By Senator Biden from Committee on Judiciary filed written report. Report No. 102-294.

Jun 9, 1992

By Senator Biden from Committee on Judiciary filed written report. Report No. 102-294.

Nov 27, 1991

Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. Without written report.

Nov 27, 1991

Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. Without written report.

Nov 27, 1991

Placed on Senate Legislative Calendar under General Orders. Calendar No. 389.

Nov 21, 1991

Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

Oct 29, 1991

Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 102-908.

Aug 29, 1991

Referred to Subcommittee on Patents, Copyrights and Trademarks.

Aug 1, 1991

Introduced in Senate

Aug 1, 1991

Read twice and referred to the Committee on Judiciary.

House Votes

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Amendments

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