Next week, the Senate Committee on Commerce will hear testimony on the broadcast flag. In advance of the hearing, FFC president Gavin sent a letter to Senator Bill Nelson (D-FL), who sits on the committee, to represent a constituent’s opinion.

Gavin’s letter is below. To contact Sen. Nelson yourself, click here.

To: U.S. Senator Bill Nelson
Subject: Oppose the broadcast flag

On Jan. 24, your Commerce Committee will hear testimony on the “Broadcast and Audio Flag.” I hope you will have the opportunity to hear from experts representing many viewpoints on this issue.

As a constituent, this issue strikes dear to my heart. Americans have suffered a never-ended increase in copyright control since Congress’ revision of the Copyright Act in the 1970s. The results have been very mixed: laudable in some areas, reprehensible in others. One area that has suffered particularly is Americans’ right to “fair use”: to fairly use copyrighted works, such as quoting a paragraph from a book or taping a television show for later viewing. Through legislation, litigation, and controlling technology, the right to fair use has been minimized and thrown into doubt, even as other technology creates new ways to participate in culture previously unimagined.

The broadcast flag and its siblings, including attempts to close the so-called “analog hole,” are another attempt to restrict consumers’ and creators’ rights. America should reject them.

Senator Nelson, when you hear testimony from self-proclaimed “free market advocates” supporting government-imposed technological mandates, I urge you to ask: Is this how free markets operate? Or are they hiding behind the banner of free markets in order to advance their corporate agenda?

Intellectual property is not exactly alike to physical property. Market economics, designed for a world of physical property, operates differently for copyright. The fair use doctrine of copyright law recognizes this and accounts for inevitable market inefficiencies. Those who would dimish fair use by imposing heavy-handed government regulation are no friends of competition or consumers.

I urge you to oppose the broadcast flag and attempts to close the “analog hole” in all their forms. I look forward to hearing your thoughts on this important matter.