The Senate Takes on Recording
While XM battles the right to record in court, the issue has much wider breadth, reaching the floor of the U.S. Senate. A bi-partisan group of Senators recently reintroduced a bill called the PERFORM Act. This act, introduced last year but not passed, has found its way back onto the docket in the current 110th Congress and seeks to require satellite, cable and Internet broadcasters to pay fair market value for the performance of digital music (right now pricing is different for each broadcast medium).
Wrote Senator Diane Feinstein (D-Calif.), “News radio services are allowing users to do more than simply listen to music. What was once a passive listening experience has turned into a forum where users can record, manipulate, collect and create personalized music libraries. As the modes of distribution change and the technologies change, so must our laws change.”
The bill itself reads like a laundry list of changes to existing law. But several additions could directly affect how digital devices are constructed.