Digital Radio
RIAA's Attempt to Control Recording From the RadioSatellite radio, like XM and Sirius, is already at your fingertips, and HD Radio may soon be ubiquitous. If innovators are allowed to build them, so too will devices that time-shift and space-shift radio for you—imagine something like a TiVo for radio. New digital radio technologies should set off a revolution in other technologies that help you get more from your radio—recording music off the radio, moving it to a portable player, streaming it to your other devices online, and much more.
But the recording industry wants to put the brakes on home recording, something American radio fans have been doing for more than 25 years and is clearly permitted under existing copyright laws. Taking a page from the movie business, the RIAA has been asking the FCC and Congress to force all digital radio devices with a record button to incorporate DRM and a host of restrictions.
The music industry does not want your fair use rights to develop in the digital age. Instead, they are asking federal bureaucrats to force innovators to hobble their products, leaving you with something no better than the cassette decks of the 1970s. According to the RIAA, new technologies should only give you "customary" capabilities. The RIAA says, for instance, that you shouldn't be able to record individual songs or move content to another player. And many novel uses will simply never be invented; after all, before you could hit record on your boombox or VCR, time-shifting broadcasted content wasn't "customary."
EFF has fought back against the RIAA's proposals every step of the way. Learn more below, and help support our efforts through our Action Center and by becoming an EFF member.
Take Action!
Other Resources
- Gigi Sohn, "Say No to a Radio Broadcast 'Flag'"[rwonline.com]
- J.D. Lasica, "Will Digital Radio be Napsterized?"[mindjack.com]
Deeplinks Posts
- August 28, 2008 EFF Urges Copyright Office to Fix Digital Music Mess, but Carefully
- December 18, 2007 Does Peace with UMG Mean Downgrade for XM Subscribers?
- May 16, 2006 Record Labels Sue XM Radio
Press Releases
- June 16, 2004 RIAA Asks FCC to Lock Down Digital Radio Broadcasts
Documents and Files
The FCC's "Further Notice of Proposed Rulemaking and Notice of Inquiry"
- October 14, 2004 EFF ex parte letter to FCC regarding RIAA's proposed broadcast flag for HD Radio[PDF, 51.35 KB]
- August 2, 2004 EFF DAB Reply Comments[PDF, 1.63 MB]
- RIAA Reply Comments[PDF, 9.62 KB]
- June 16, 2004 HRRC Comments[PDF, 359.98 KB]
- RIAA Comments[PDF, 3.98 MB]
- April 20, 2004
Further Notice of Proposed Rulemaking and Notice of Inquiry[PDF, 293.39 KB] The FCC's proposed rulemaking regarding RIAA's proposed "broadcast flag" for digital HD radio
Atlantic v. XM
- August 31, 2006
Record Label Opposition Brief[PDF, 89.00 KB] The major record labels have sued XM Radio, based on the recording capabilities included in certain recently-introduced XM receivers, such as the Pioneer Inno and Samsung Helix.
- July 17, 2006 XM's Brief in Support of Motion to Dismiss[PDF, 218.52 KB]
- May 16, 2006 Atlantic's initial complaint against XM[PDF, 218.52 KB]
- Amicus Brief of CEA & HRRC Supporting XM's Motion to Dismiss[PDF, 87.78 KB]
- August 31, 2006
Record Label Opposition Brief[PDF, 89.00 KB]
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