HRRC Opposes ''Perform Act'' Announced in the House -- Perform Act Legislation is Anti-Consumer.

WASHINGTON -- Today, the Home Recording Rights Coalition (HRRC) expressed its strong opposition to H.R. 5361, the "Perform Act," introduced by Representatives Howard Berman (D-CA) and Mary Bono (R-CA). HRRC Chairman Gary Shapiro said:

"This legislation will stifle innovation and take away the longstanding rights of consumers to enjoy the benefits and flexibility of digital technology. It will take away recording rights that consumers have used since the birth of the magnetic tape 50 years ago. Because the bill does not allow a 'transmission' of a musical recording, it also would appear to block consumers from moving one song from one room to another within their own homes via a digital network.

"This legislation shows the capricious and greedy nature of the recording industry, which whole-heartedly has endorsed the 'Perform Act.' Over a decade ago, Congress confirmed through the Audio Home Recording Act that consumers could use new digital audio recording devices to make playlists and otherwise enjoy lawfully acquired music. This legislation would circumvent everything agreed upon by the music industry in the Audio Home Recording Act, which provides compensation to record companies for recordings made by consumers. In short, the recording industry appears to be reneging on a deal it made to guarantee the rights of consumer to use new technology for their own personal enjoyment.

"The 'Perform Act' specifically targets and penalizes new products being brought to market by digital satellite radio services. The bill would effectively force satellite radio services to disable features that would allow consumers to save, sort and later play back songs they received pursuant to their subscription. As a result, consumers paying to receive programming from a satellite radio service could not listen to individual songs they had recorded-a practice that consumers have engaged in for decades.

"In the wake of the Grokster decision, the HRRC had thought that the record industry would rely on its legal rights rather than seek additional legislation that would limit consumer freedoms. This legislative proposal is but one in a series of disappointments from an industry that apparently has little interest in adapting to new technology. Given the efforts of the recording industry to restrict consumer choice and to disable new technology, the legislation should have been called the 'Conform Act'."

For updates on copy protection issues, and related Congressional and Federal Communications Commission proceedings, please visit the HRRC website at www.HRRC.org.

About HRRC

The Home Recording Rights Coalition, founded in 1981, is a leading advocacy group for consumers' rights to use home electronics products for private, non-commercial purposes. The members of HRRC include consumers, retailers, manufacturers and professional servicers of consumer electronics products. Further information on this and related issues can be found on the HRRC website, www.hrrc.org.