Public Knowledge Disappointed with PERFORM Act
Public Knowledge Disappointed with PERFORM Act
Public Knowledge Disappointed with PERFORM Act

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    For Immediate Release
    Contact: Art Brodsky, 202-518-0020 (o), 301-908-7715 (c),

    Background: Senators Dianne Feinstein, Lindsey Graham, Joe Biden and Lamar Alexander yesterday introduced the PERFORM Act (S 256), legislation identical to that introduced last year. The following statement is attributable to Gigi B. Sohn, president of Public Knowledge:

    “It is truly disappointing that Senator Feinstein and her colleagues have reintroduced the Platform Equity and Remedies for Rights Holders in Music Act, also known as PERFORM. The bill could prevent digital radio recording devices from having the capability to record automatically material by specific artists, albums or recordings, and prevent consumers from having the capability automatically to separate recorded material into their own playlists.

    “Having just returned from the Consumer Electronics Show, it's clear that consumers are demanding the ability to do more with digital media they lawfully acquire, not less. The consumer electronics industry has responded, and even some leaders in the content community are starting to see the light.

    “This bill looks to the past rather than to the future by limiting the ability of consumers to use material to which they have subscribed and by limiting future innovations in electronics. The bill is a direct attack on the satellite music industry and on nascent terrestrial digital radio. It confuses a radio service, in which a consumer can only record what is currently being played, with a download service, in which consumers pick the material to download.

    “While we agree that music licensing should be streamlined, that goal should not be achieved at the cost of restricting innovation and placing limits on consumers.”

    Public Knowledge is a public-interest advocacy and education organization that seeks to promote a balanced approach to intellectual property law and technology policy that reflects the “cultural bargain” intended by the framers of the constitution. More information available at:

    Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at or 405-249-9435.