Public Affairs - Federal Legislation
Copyright
Office Ruling On The DMCA
Cannon/Boucher
Bill Concerning The Music Online Competition Act (MOCA)
Note:
File Is In PDF Format
The Federal
Trade Commission released its follow-up report on “Marketing Violent
Entertainment To Children,” singling out the record industry for not
instituting any initiatives to prevent the marketing of violent material
to children. The FTC’s update reported on what had changed in the
entertainment industry in the way of reforms. It found that while the
film and video game industries had made progress in improving their
programs, the record industry had not implemented the guidelines
promised. Along with RIAA, specific record companies were reprimanded
for not implementing corrective measures on their own.
Retailers were not included in this report, but the FTC has
indicated the next report will critique how retail has responded to its
concerns about children having access to violent entertainment product.
As you know, RIAA and NARM are forming a joint Parental Advisory
Compliance Task Force.
In response
to the FTC’s report on the entertainment industry, Senators Joseph
Lieberman (D-CT), Hillary Rodham Clinton (D-NY) and Herbert Kohl (D-WI)
introduced the “Media Marketing Accountability Act.” The bill would
essentially give the FTC authority to sanction entertainment companies
that market violent material directly to children. Using “false and
deceptive advertising practices” as the impetus, the FTC would be
permitted to take action against companies that violate their own
voluntary rating or labeling policies by specifically marketing to
minors R-rated movies, M-rated video games and music with a Parental
Advisory. Companies would be subjected to fines of $11,000 per day. NARM
opposes the bill because it could ultimately expose retailers to
liability for failure to enforce voluntary guidelines and believes the
voluntary system currently in place is still the best approach. There is
no indication of activity on this bill to date.
House
members have also responded to the latest FTC report. Representatives
Wamp (R-TN) and Stupak (D-MI) introduced legislation very similar to the
bill they jointly introduced in 1999 following the shootings at
Columbine High School. HB 1916 otherwise known as the “21st
Century Media Responsibility Act of 2001” requires the FTC to
disseminate a single labeling system for all types of entertainment
product. The program would identify the amount and nature of the violent
content and determine the appropriate age for individuals to see it.
The label must be conspicuous not only on the product, but also
in any advertisement. This requirement is the major difference between
this bill and the one introduced in 1999. Early reports indicate that no
immediate action is being taken on this bill.
Search