Key lawmakers have sent letters urging broadcasters, consumer electronics manufacturers and the recording industry in particular to resume private talks on how to strike a balance between protecting copyrighted digital content and ensuring consumer rights in the emerging market of HD radio.
The Recording Industry Assn. of America says it is trying to do just that, but other parties are either not cooperating or responding. Debate has centered on the RIAA's claim, disputed by broadcasters and electronics manufacturers for different reasons, that content protection technology is needed to counter piracy of digital music broadcasts.
Late last week, House Majority Leader Roy Blunt (R-Mo.) and deputy majority whip Eric Cantor (R-Va.) jointly wrote the major stakeholders in HD radio -- the RIAA, the Consumer Electronics Assn. (CEA) and the National Assn. of Broadcasters -- saying, "It is our hope that consensus can be achieved and a resolution ultimately found through private negotiation."
The congressmen were referring to a general dialogue that had begun recently among the stakeholders involving the protection of both content rights and consumer rights in HD radio.
"We encourage you to return to the table and continue to negotiate with all interested parties," Blunt and Cantor wrote.
An RIAA official said those talks had stalled largely because of conflict with the CEA, which has argued that the recording industry is trying to restrict legitimate home recording uses. "We can't even get an agreement on the parameters of the discussion," the official said.
But the official praised the Blunt-Cantor letter, saying, "It shows that the House leadership wants to get this done, and that's very good."
Most recently, the RIAA successfully concentrated its efforts -- drawing on chairman-CEO Mitch Bainwol's connections developed as former chief of staff to Senate Majority Leader Bill Frist (R-Tenn.) -- to see that the Senate's massive telecom reform bill currently awaiting a floor vote included a provision for so-called audio flag technology that would protect digitally broadcast music. Critics, including the CEA, have claimed that the audio flag provision is too broad as now written.
The House passed its version of telecom reform without an audio flag provision. Should the Senate pass its version of the bill, House members may not be willing to accept a compromise on audio flag when the two bills go into conference to reconcile differences -- a point to which Blunt and Cantor alluded in their letter.
"It is not our intention to take a position on the audio flag provision," they wrote. "But as you know, these policy considerations have serious implications." Hence, Blunt and Cantor's emphasis for an industry solution.
Separately, Rep. Richard Boucher (D-Va.) wrote to Bainwol regarding another set of talks -- dubbed the Copyright Protection Technology Working Group -- from which the RIAA withdrew years ago. In a recent House subcommittee hearing, Bainwol said his org withdrew because the absence of "marketplace pressure" meant that other participants with competing interests have no incentive or reason to accommodate RIAA concerns.
Still, Bainwol said he may be open to rejoining the talks.
"I was pleased to hear you say that RIAA would be willing to take part in discussions at the CPTWG concerning a technical standard for an audio flag," Boucher wrote. He added that he was disappointed that the RIAA did not attend the working group's recent meeting in Los Angeles and hoped RIAA would attend the next meeting, skedded for October.
The RIAA official said the org no longer has a reason to attend Copyright Protection Technology Working Group meetings since the group's purpose is to determine the kind of antipiracy technology that should be developed. "That technology already exists," the official said. "The question now is one of policy -- how much can you copy, how much can you not? That's not for CPTWG to decide."
Contact the Variety newsroom at
news@variety.com