Other short titles | Audio Home Recording Act of 1992 |
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Long title | To amend title 17, United States Code, to implement a royalty payment system and a serial copy management system for digital audio recording, to prohibit certain copyright infringement actions, and for other purposes. |
Acronyms (colloquial) | AHRA |
Nicknames | Audio Home Recording Act of 1992 |
Enacted by | the 102nd United States Congress |
Effective | October 28, 1992 |
Citations | |
Public law | 102-563 |
Statutes at Large | 106 Stat. 4237 |
Codification | |
Titles amended | 17 U.S.C.: Copyrights |
U.S.C. sections created | 17 U.S.C. ch. 10 § 1001 et seq. |
Legislative history | |
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The Audio Home Recording Act of 1992 (AHRA) amended the United States copyright law by adding Chapter 10, "Digital Audio Recording Devices and Media". The act enabled the release of recordable digital formats such as Sony and Philips' Digital Audio Tape without fear of contributory infringement lawsuits.
The RIAA and music publishers, concerned that consumers' ability to make perfect digital copies of music would destroy the market for audio recordings, had threatened to sue companies and had lobbied Congress to pass legislation imposing mandatory copy protection technology and royalties on devices and media.
The AHRA establishes a number of important precedents in US copyright law that defined the debate between device makers and the content industry for the ensuing two decades. These include:
The Act also includes blanket protection from infringement actions for private, non-commercial analog audio copying, and for digital audio copies made with certain kinds of digital audio recording technology.
By the late 1980s, several manufacturers were prepared to introduce read/write digital audio formats to the United States. These new formats were a significant improvement over the newly introduced read-only digital format of the compact disc, allowing consumers to make perfect, multi-generation copies of digital audio recordings. Most prominent among these formats was Digital Audio Tape (DAT), followed in the early 1990s by Philips' Digital Compact Cassette (DCC) and Sony's Minidisc.
DAT was available as early as 1987 in Japan and Europe, but device manufacturers delayed introducing the format to the United States in the face of opposition from the recording industry. The recording industry, fearing that the ability to make perfect, multi-generation copies would spur widespread copyright infringement and lost sales, had two main points of leverage over device makers. First, consumer electronics manufacturers felt they needed the recording industry's cooperation to induce consumers – many of whom were in the process of replacing their cassettes and records with compact discs – to embrace a new music format. Second, device makers feared a lawsuit for contributory copyright infringement.