Boucher To Propose C'right Law Modifications

WASHINGTON, D.C. -- Rep. Rick Boucher, D-Va., plans to introduce E-commerce legislation in the House of Representatives during this session that would modify U.S. copyright law's first-sale provision and allow for the storage of so-called "ephemeral" copies of digital content for a short period of time in computers.

"This is not going to be a [Napster-enabling] bill," Boucher tells Billboard. "I've been working on this bill for more than a year, and it deals with a broad range of issues, including distance-learning networks."

Although he says the legislation is not a "music bill," the changes it proposes would modify provisions on first-sale and ephemeral (short-time storage) digital copies. Record labels and music publishers oppose such changes.

This is the second bill the House lawmaker plans to introduce. Last month, Boucher announced he would soon reintroduce legislation that would make MP3.com-type services legal. That bill would amend the U.S. Copyright Act to allow consumers to download files from an Internet site if they can prove they have already purchased the recording and are not using the music for commercial purposes.

Several sources say that lobbyists from the entertainment industry, including the Recording Industry Assn. of America (RIAA) and Vivendi Universal, have already met to craft an opposition strategy to both of Boucher's bills, as well as to similar legislation expected to be introduced in the Senate this session.

The RIAA's battle plan escalated this past month with the hiring of several high-profile Republican insiders to lobby the Bush administration and federal lawmakers on Internet issues and attempt to change public opinion on the pervasive "free music" mentality.

The most recent name to join the trade group's arsenal of heavy hitters is former Montana Gov. and Bush campaign adviser Marc Racicot, who will serve as outside counsel. He was the campaign point man during the 2000 presidential election's Florida vote count and emerged as a leading contender for attorney general.

Earlier last month, the RIAA reached out to former Senate Minority Leader and 1996 Republican presidential candidate Robert J. Dole to serve as an adviser. Sources say that Racicot will play a more active part in hands-on lobbying than Dole.

The RIAA has also hired Bush adviser and attorney Chuck Cooper. The three join the RIAA's in-house lobbying and legal team of president/CEO Hilary Rosen, senior VP/general counsel Cary Sherman, director of civil litigation George Borkowsi, and government relations VP Mitch Glazier.

Racicot and the RIAA have seized upon a simple rallying point to underscore the group's position—that unauthorized downloading of music on the Internet violates democratic principles guaranteed by the Constitution.

"Private property rights, a respect for one another, are imperative to us as a nation," Racicot tells Billboard.

Racicot says that his initial duty will be to review the Napster case. The job also includes discussing the issues with policymakers, as well as "talking to America" about the music industry's Internet concerns in "appropriate" venues, which could include TV programs.

"There are immutable principles involved," he says. Of some Napster users, he adds, "I think young people are fair and have a healthy respect for what is fair and right."

Internet industry officials reacted to the RIAA hirings with feigned amazement.

"I'm shocked," says MP3.com lobbyist Billy Pitts. "I saw all these buses on Capitol Hill this morning and thought it must be schoolkids, but they're in school. Must have been all of RIAA's lobbyists and lawyers."

Digital Media Assn. executive director John Potter adds, "I'm awed at the amount of resource money available to the RIAA and the apparent fear that is driving them to spend so freely."