How to manage the issue of unauthorized copying and distribution of digital audio broadcasts: Constructive alternatives to technological mandates

This study explored the potential harm and shortcomings of governmentally mandated technological copying protection measures with the audio broadcast flag (ABF) system as a case study. The whole exploration was particularly focused on one fundamental question: Whether a technological mandate, such as the ABF system, can result in a sound copyright policy that can promote the fundamental goal of copyright law. As a means to assess the capacity of a copyright policy in promoting the goals of copyright law, this study used the method of considering the positive potential of the policy in terms of how constructively it deals with two competing interests---the public's and the authors'.;An in-depth analysis of the ABF system as a measure to confront unauthorized copying and distribution of DAB suggests that the system should be considered a counter-constructive copyright policy. The study demonstrated that the ABF system seriously harms the public's interest in better accessing creative works by constraining consumers' legitimate use of broadcast materials and also by restricting technological advancements of the tools that would help consumers better access and enjoy such works. The study also uncovered that the ABF system has critical limitations as a redistribution control system of DAB and does not offer any measure through which creators of sound recordings can receive improved remuneration.;As an attempt to uncover constructive alternatives to the ABF system, or similar types of technological mandates, this study examined the two existing relevant regulations: The Audio Home Recording Act of 1992 and the Digital Performance Right in Sound Recordings Act of 1995. The study found that modification of the two methods adopted in these regulations as regards the DAB issue could create better alternatives that can address the matter of unauthorized copying and redistribution of digital audio broadcasts in a constructive way. The two suggested alternative methods are: (1) Imposition of a compensatory royalty on DAB devices in the form of private copying levies; and (2) imposition of a public performance royalty on digital over-the-air broadcasts.