Emerging Electronic Technology and American Copyright Law.

American copyright law provides a means of stimulating intellectual development and protecting the ownership interests of the authors of copyrighted works. Over the years, U.S. copyright law has evolved in order to respond to societal and technological changes. Under the copyright statute certain uses of a copyrighted work are permitted under the doctrine of fair use. The criteria for the application of this doctrine are flexible and are applied on a case by case basis. New technologies such as compact disks, optical disks, computer storage devices, and digital audio technology (DAT) recording, provide challenges for U.S. copyright law. For example, DAT is capable of producing copies of copyrighted works in the privacy of the DAT owner's home. Thus, the question is whether DAT use is considered fair use or as copyright infringement. Although DAT equipment is not generally available to the public, its use and copyright law have been addressed in the 101st Congress as they relate to home recording. The most significant of the issues posed in the application of existing copyright law to DAT recording is that such recording may not fall within the fair use exception of the law, and, therefore, issues of infringement may arise with the sale and use of DAT. References are provided throughout the report. (DB)