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Library Of Congress OKs Use Of DRM On Recordings

By Todd Martens, L.A.
Publication: Billboard Bulletin
Date: Wednesday, October 29 2003
In a ruling yesterday on whether certain digital technologies prevent fair use of copyrighted works, the U.S. Library of Congress declared that controls placed on digital music files and CDs do not adversely limit access to recordings.

The Library ruled that digital

rights management technology on CDs-which may prevent a song from being converted to a digital file-does not "have a substantial adverse effect on noninfringing uses of sound recordings."

Additionally, the Library declared that access controls that prevent "post-sale" uses of commercial downloads and/or limit song playback to specific devices "represent only an inconvenience" and do not run afoul of copyright laws. Since "consumers have choices of formats and may decide whether their intended use is best served by a digital online version or by another format of the work ... the overall availability for use of these works has not been adversely affected," the ruling states.

The RIAA comments, "We are pleased with the Librarian's ruling. The Copyright Office has once again done a thoughtful and careful analysis of the issues."

The Electronic Frontier Foundation criticized the ruling, saying the Library "continued to disregard consumers' rights."

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