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1 1 (August 4, 2006)

handle is hein.crs/crsuntaairx0001 and id is 1 raw text is: Order Code RS22489 August 4, 2006 CRS Report for Congress Received through the CRS Web Copyright Protection of Digital Audio Radio Broadcasts: The Audio Flag Jared Huber Law Clerk American Law Division Brian T. Yeh Legislative Attorney American Law Division Summary Several bills introduced in the 109th Congress would grant the Federal Communications Commission (FCC) authority to promulgate regulations to protect the content of digital audio radio broadcasts and transmissions from unauthorized reproduction and distribution. Such regulation may require audio devices capable of receiving digital over-the-air radio programming or satellite audio broadcasts to incorporate an audio flag. The audio flag is a technical measure that flags digital audio radio transmissions with a copyright protection signal, permitting only authorized devices to play back copyrighted audio transmissions or allowing only limited copying and retention of the content. The parties most likely affected by any audio flag regime (including music copyright owners, digital radio broadcasters, stereo equipment manufacturers, and consumers) are divided as to the anticipated degree and scope of the impact that a government-mandated copyright protection scheme would have on the fair use rights of consumers to engage in private, noncommercial home recording. Critics of the audio flag proposal are concerned about its effect on technological innovation. However, proponents of the audio flag feel that such digital rights management (DRM) technology is needed to thwart piracy or infringement of intellectual property rights in music, sports commentary and coverage, and other types of copyrighted content that is transmitted to the public by emerging high-definition digital radio services (HD Radio) and satellite radio broadcasters. This report provides a brief explanation of the audio flag and its relationship to digital audio radio broadcasts, and summarizes legislative proposals, including H.R. 4861 (Audio Broadcast Flag Licensing Act of 2006) and S. 2686 (Digital Content Protection Act of 2006), that would authorize its adoption. Congressional Research Service + The Library of Congress

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