Summary: H.R.4567 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House amended, Part I (08/04/1992)

Audio Home Recording Act of 1992 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making audiograms, except where commercial advantage is involved.

Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements, and sets forth verification guidelines. Provides that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines for mandatory statements of account.

Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected.

Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System (SCMS); and (2) the circumvention of the SCMS.

Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document setting forth standards and specifications pertinent to the SCMS. Authorizes the Secretary to implement such System according to prescribed guidelines.

Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.