STATEMENT OF THE HONORABLE HOWARD COBLE

CHAIRMAN, SUBCOMMITTEE ON COURTS,

THE INTERNET, AND INTELLECTUAL PROPERTY,

REGARDING

THE OVERSIGHT HEARINGS ON

“THE DIGITAL MILLENNIUM COPYRIGHT ACT

SECTION 104 REPORT”

December 13, 2001

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            Good morning. The Subcommittee will come to order. Today we will again receive testimony regarding the Digital Millennium Copyright Act Section 104 Report submitted by the U.S. Copyright Office. As I stated yesterday, there is no getting around the fact that the report presents complex and controversial issues.

            Today we will hear from the Register of Copyrights and representatives from Broadcast Music Inc., the Digital Media Association and the Consumer Electronics Association. These witnesses will focus on the Copyright Office conclusions and recommendations regarding sections 109 and 117 of the Copyright Act. The Copyright Office was not persuaded that section 109, or the “first sale doctrine,” should be expanded to include digital transmissions. On the other hand, the Copyright Office was persuaded that the Copyright Act should be amended to permit what has become the customary practice of consumers when making archival or back-up copies of the information stored on their computers. The Copyright Office recommended two alternatives to achieve this result. We look forward to hearing the arguments both for and against these recommendations.

            I now turn to the Ranking Member for an opening statement.