[Chronology of Events in Home Recording Rights] Last Revised: November 16, 1998 ------------------------------------------------------------------------ November 1975 Sony Corporation of America introduces the Betamax video cassette recorder. November 1976 Universal Studios and Walt Disney Productions sue Sony, alleging that recording movies and TV programs off the air is copyright infringement. October 1979 The U.S. District Court for the Central District of California holds that off-the-air home video recording for private, noncommercial use is not copyright infringement. October 1981 On appeal, the Ninth Circuit U.S. Court of Appeals reverses the District Court ruling, holding that home videotaping from TV broadcasts constitutes copyright infringement. Senator DeConcini and Representative Parris introduce legislation (S. 1758 and H.R. 4808) to overturn the court's decision by exempting home videotaping from copyright liability. November 1981 The Home Recording Rights Coalition is formed to preserve consumers' rights to record and to share in the benefits of technological advances. December 1981 Senator Mathias introduces an amendment to S. 1748 requiring manufacturers of video recorders and blank tapes to pay a royalty tax on each machine and tape sold. February 1982 Representative Edwards introduces H.R. 5705, the House version of the Mathias legislation. March 1982 H.R. 5705 and S. 1758 are amended to include audio recorders and blank audio tape at the request of the Recording Industry Association of America. The U.S. Supreme Court is petitioned to resolve the home videotaping question. January 1983 Despite pressure on legislators to take no action on proposed legislation until the Supreme Court reaches a decision, Senator Mathias and Representative Edwards reintroduce royalty tax legislation on home video and audio taping as S. 31 and H.R. 1030. Initial oral arguments are heard by the Supreme Court in Sony Corporation v. Universal City Studios. January 1984 The U.S. Supreme Court rules that private home video taping does not constitute copyright infringement. October 1985 Senator Mathias introduces S.1739, the Home Audio Recording Act. The bill would impose royalty taxes of up to 25% on recorders and 1 cent per minute on blank tape. August 1986 As an alternative to royalty taxes, inclusion of an anti-taping "Copy-Code" chip is proposed for digital audio recorders. September 1986 Senator Danforth introduces a bill to impose a 35% tariff on imported digital audio tape (DAT) recorders without Copy-Code chips. February-March 1987 Senator Gore introduces S.506, requiring the Copy-Code system in all DAT recorders. The Omnibus Trade Bill is amended to prohibit sale of DAT recorders without anti-taping chips. The amendment is passed by the House Energy and Commerce Subcommittee. March 1988 National Bureau of Standards releases test results showing that Copy-Code system doesn't work and degrades music. Recording industry drops Copy-Code proposal but threatens lawsuit against manufacturers of DAT machines. July 1989 Electronic Industries Association and Recording Industry Association of America announce worldwide hardware/software industry agreement to seek legislation in U.S. Congress and in other governments on DAT recorders. October 1989 U.S. Office of Technology Assessment releases report to Congress that vindicates home music taping. February 1990 Representative Waxman introduces H.R.4096 to permit DATs to record digitally with serial copy management system, which prohibits second generation digital copying. July 1990 Lawsuit filed by the music industry against Sony Corporation in federal district court to prohibit U.S. sales of DAT recorders and blank cassettes. Spring 1991 Congress considers but does not pass S.1096, the Motion Picture Anti-Piracy Act, a bill to stop the unauthorized copying of rental video tapes and outlaw certain consumer equipment. July 1991 Representatives of the audio hardware and music industries announce agreement to seek compromise legislation dealing with digital audio recording technologies. August 1991 Senator DeConcini and Representatives Brooks and Hughes introduce the Audio Home Recording Act guaranteeing right to tape, mandating a serial copy management system, and requiring manufacturers of digital audio equipment and media to pay a small royalty on their products. November 1991 Senator Leahy introduces Cable Ready Equipment Act requiring cable providers to assure that cable systems are compatible with TV and VCR functions, and no extra converter boxes, remote controls, or fees are necessary for their operation with basic cable service. September 1992 Congress passes the Cable Television Consumer Protection and Competition Act of 1992, and in October overrides presidential veto to secure its enactment into law. The cable law includes a new section to promote cable service compatibility with TV and VCR functions and other consumer equipment. October 1992 Congress passes landmark Audio Home Recording Act. President Bush signs the bill into law. January 1993 Federal Communications Commission (FCC) calls for public comments on implementing cable compatibility provisions of 1992 Cable Act. April 1993 HRRC, Electronic Industries Association, Consumer Federation of America, National Electronics Service Dealers Association and others suggest strong measures to the FCC to bring about cable compatibility. HRRC recommends requiring cable operators to transmit all authorized channels to subscribers "in the clear" and allowing consumers to purchase in the competitive marketplace any equipment necessary for the operation of their cable service. February 1994 HRRC and Consumer Federation of America jointly file additional recommendations with FCC to prohibit scrambling of basic cable signals, to allow use of consumer-owned remote control devices and more. May 1994 FCC issues first set of new rules adopting many of the pro-consumer cable compatibility proposals made by HRRC, CFA and others. July 1994 Working Group on Intellectual Property Rights of Information Infrastructure Task Force releases preliminary draft report, calling for changes in existing intellectual property laws. September/October 1994 HRRC submits comments and testimony on preliminary draft report to NII Working Group, and cautions against changes to copyright laws affecting the audio/video area where consumer rights are strongest. May 1995 Representative Eshoo introduces an amendment to the House version of the Telecommunications Act of 1995 which will constrain the FCC from creating a free, open, non-proprietary interface between TVs and cable systems. HRRC opposes the amendment, stating that it will, in effect, repeal the pro-consumer cable television compatibility requirement passed by Congress in 1992. The Senate version of the Telecommunications Act does not contain a similar provision. September 1995 H.R. 2441 and S. 1284 introduced; Provision in legislation makes illegal the importation, manufacture or sale of any device or service whose primary purpose or effect is to defeat any anti-copying system (such as an encryption or software envelope). October 1995 Telecommunications Act of 1995 conferees begin negotiations on compromise bill. January 1996 HRRC joins the Digital Future Coalition. DFC opposes H.R.2441/S.1284 and strives for a thorough, broad and balanced Congressional debate of U.S. copyright law and policies. February 1996 Congress passes Telecommunications Act of 1996, amending cable compatibility requirements of the 1992 Cable Reform Act. President Clinton signs bill into law. February 1996 House Subcommittee on Courts and Intellectual Property holds hearings on H.R.2441. HRRC testimony urges that Section 1201 be removed from bill because it effectively reverses Supreme Court's Betamax decision, which confirmed consumers' recording rights. May 1996 Senate Judiciary Committee holds hearing on S. 1284. HRRC's views represented by Digital Future Coalition witness. Oct 1996 Congress adjourns without passing H.R. 2441/S. 1284. Nov 1996 HRRC and other Digital Future Coalition members submit comments to U.S. Patent and Trademark Office opposing Clinton Administration's announced intention to include some of same NII bill provisions in new treaty proposals to World Intellectual Property Organization. Dec 1996 World Intellectual Property Organization in Geneva, Switzerland adopts language in new treaty addressing digital and conventional copyright issues without imposing unreasonable restrictions on consumer home recording. Clinton Administration signals plans to push for new NII proposal in 1997 Congress. July 1997 The Clinton Administration's proposal to implement the World Intellectual Property Organization treaties, which includes anti-consumer recording provisions similar to those in the 1996 NII bill, is introduced in the House by Representative Coble (H.R. 2281) and in the Senate by Senator Hatch (S. 1121). September 1997 Senator Ashcroft introduces alternative treaty implementation proposal, S. 1146, which contains no anti-consumer recording restrictions but still satisfies requirements of the treaties. HRRC announces support for S. 1146. September 1997 House Subcommittee on Courts and Intellectual Property holds hearing on H.R 2281. HRRC's Chairman Gary Shapiro testifies along with a representive of the Digital Future Coalition. November 1997 At urging of HRRC, DFC and their allies, Reps. Boucher and Campbell also introduce H.R. 3048, balanced legislation to update copyright act for the digital era. February 1998 HR 2281, the Administration's WIPO legislation which contained restrictions on new recording devices, voted out of House Judiciary Copyright Subcommittee; Rep. Boucher's amendment to exempt VCRs and PCs from bill defeated by 11-2 vote. April 1998 Full House Judiciary Committee passes HR 2281 with no significant changes. Senate Judiciary Committee passes, S 1121, its version of the copyright legislation. Senator Ashcroft's amendment to S 1121 to neutralize some of the restrictions on new technology is approved. May 1998 Senate adopts S 1121 by 99-0 vote. HR 2281 referred to House Commerce Committee for consideration. June 1998 House Commerce Telecommunications Subcommittee holds hearings on HR2281 on June 5. Two weeks later the subcommittee makes substantial changes to improve the legislation and favorably recommends it to the full Commerce Committee. New language clarifies that consumer electronics, computer and telecommunications products will not be required to respond to any and all technological measures used by program providers. July 1998 Full House Commerce Committee endorses the changes of its Telecommunications Subcommittee to HR 2281, adds an important "fair use" amendment, and passes it out of committee. August 1998 HR 2281 passes the House of Representatives. Sept 1998 House/Senate Conference Committee begins deliberations on HR 2281. Intense negotiations ultimately produce final bill with benefits to consumers, consumer electronics retailers and professional servicers, libraries and library users, and schools. Oct 1998 HR 2281, the Digital Millennium Copyright Act, receives final approval by the Senate and House of Representatives and is signed into law by President Clinton. ------------------------------------------------------------------------ Return to the HRRC Home Page.