M+E Daily

Optical disc replicators in California would be required to keep detailed records of job orders and equipment purchases or face stiff criminal fines, under new anti-piracy legislation now making its way through the state’s Senate.

The legislation, introduced earlier this year by California State Sen. Alex Padilla, aims to strengthen an existing state law that requires replicators to include source identification information on every disc they manufacture. In addition to specifying new documentation requirements and raising fines for violations, the proposed amendments authorize law enforcement to conduct warrantless compliance inspections of the state’s replication facilities.

The warrantless inspection measure raises concerns for some that the law intrudes upon constitutional protections against unreasonable searches, according to the Los Angeles Times. The website reports that the California Senate is set to hold a final committee hearing on the SB 550 bill on Monday, after which it will proceed to the Senate floor.

The replication industry has long maintained its own set of anti-piracy business practices, with companies following record-keeping protocols and other standards developed by the Content Delivery & Storage Association (CDSA).

“For over ten years reputable replication plants have adhered to strict copyright and licensing and content protection policies and audits through CDSA accreditation programs. These accredited sites are publicly posted on the CDSA website (www.CDSAonline.com) for all content holders to review and they should always be the preferred vendors for all their CD, DVD or Blu-ray manufacturing,” said Martin Porter, CDSA executive director. “Content holders should always inquire first if replicators are CLV (Copyright and Licensing Verification) and CPS (Content Protection and Security) accredited.”

The Recording Industry Association of America (RIAA), meanwhile, supports the stricter legislation as part of an ongoing effort to eliminate counterfeit CD disc manufacturing in the state. An RIAA spokesperson tells M&E Daily that the new law is designed to ensure California replicators’ compliance with the state’s optical disc identification legislation, which was enacted in 1999.

“Given the music community’s large presence in California and significant contributions to the state economy through thousands of jobs and benefits,” the RIAA spokesperson says, “this narrowly-tailored bill helps ensure these contributions are preserved while sending the important message that counterfeit replicators are not welcome in the state. If a replicator is already in compliance with state law, they should have nothing to worry about with this proposed legislation.”