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in the 70′s when the home taping act was passed, the only means to record was magnetic tape. when the first VCR’s came out they too were analog.

today, DVD’s are produced digitally, and the means to rip/record are alos digital. HDTV is also bradcast digitally, which means that contnet can be digitally reproduced to another digital medium with little degredation in the resulting copy.

the media industries (mafIAA) want to make a distiction between analog copying and digital. their justification is that a digital copy is and exact duplicate of the original and therefor copyright infringement.

in the industry this is called the analog hole.

http://en.wikipedia.org/wiki/Analog_hole

just watch, there will be legislation passed to stop recording of HDTV content and mandatory DRM on all digital media.

Well, according to the RIAA it is:
If I may take a quote from the MGM v. Grokster case..

creating a back-up copy of a music CD is not a non-infringing use….”

Distributing the copied music is where the “problem” is.

Thanks for playing.

Search the congressional record for the “audio home recording act”
http://thomas.loc.gov/home/r102query.html
Then look for the floor discussion of September 22, 1992.

You will find lots of stuff like this:

(Mr. MOORHEAD)
Mr. Speaker, H.R. 3204 would make it clear that noncommercial taping of music by consumers is not a violation of copyright law. The debate over home taping of records goes back to 1970 when Congress first extended copyright protection for records but this legislation will end the 22-year-old debate and make it clear that home taping does not constitute copyright infringement.
…
I am not aware of any opposition to this bill. It has the support of industry, the Copyright Office, the consumers and the administration.
I urge your support.

(Mr. HUGHES)
H.R. 3204 removes the legal cloud over home copying of prerecorded music in the most proconsumer way possible: It gives consumers a complete exemption for noncommercial home copying of both digital and analog music, even though the royalty obligations under the bill apply only to digitally formatted music. No longer will consumers be branded copyright pirates for making a tape for their car or for their children.

(Mrs. COLLINS)
This compromise solution was reached through difficult negotiations by a coalition of the recording industry; songwriters and music publishers; electronics industry and groups that want consumers to continue to enjoy the benefits of private home taping.
There are three basic provisions of the legislation. First, it guarantees consumers the legal right to make analog or digital copies of musical recordings for noncommercial use. Also it prohibits lawsuits being brought against those that manufacture, import, or distribute a digital or analog audio recorder or medium.

(Mr. FISH)
At the same time, the bill resolves an issue that has been of great concern to consumers for the last two decades and that is the home taping of music. The bill makes clear that the home taping of music is not a violation of copyright law.

“The funny thing is however, blank media and media recorders bring a lot of money to the RIAA.”

It’s actually not that much. In 2004 all AHRA royalty fees from recorders as well as recordable media combined resulted just in 3.1 million US-dollars. And it wasn’t paid directly to the RIAA but to the US Copyright Office, which in turn hands it over to the Library of Congress, which then redistributes it – no, still not to the RIAA, but to songwriters, publishers, the AFM and AFTRA fund, and finally the AARC. Fore more details see:

http://en.wikipedia.org/wiki/Audio_Home_Recording_Act
http://www.raroyalties.org/index_noflash.html
http://www.aarcroyalties.net

“Every Music CDR since the AHRA was enacted has a hidden tax built into the price! (2% of the manufacturers sales)”

Notice they say MUSIC CD-Rs. That means the ones that are marked as such at the store, and are almost always slightly more expensive than the other CDs right next to them. Not that there’s anything special about them that makes them great for music. They just get the RIAA tax.

Also, a look at the actual law shows that the amount is 3%, not 2.

US Copyright Act, Chapter 10, Section 1004b:

“(b) Digital Audio Recording Media. – The royalty payment due under section 1003 for each digital audio recording medium imported into and distributed in the United States, or manufactured and distributed in the United States, shall be 3 percent of the transfer price. Only the first person to manufacture and distribute or import and distribute such medium shall be required to pay the royalty with respect to such medium.”

http://www.copyright.gov/title17/92chap10.html#1004