By now you'll have read at least something about the Perform Act, which would force satellite radio companies XM and Sirius to pay mechanical royalties (in addition to performance royalties) for each song aired. The bill, apparently a response to a few satellite radio devices that allow the listener to save individual songs to the player, seeks to charge satellite radio providers in much the same way the publishers of compilation Cd's are charged.

If you ever recorded something off of terrestrial radio, possibly on cassette tape (what's that?), you did so as reasonable fair use. You used the recording at home, non-commercially and no one complained. But as soon as you toss the word digital in to the mix, everybody gets nervous and pretty soon someone is being asked to pay up. (Even though, as readers of this blog know full well, satellite radio is hardly archival quality)

I could, in my relative legal ignorance, lay out a list of reasons this is a bad idea. Thankfully (for you and I) I won't be forced to, as Gigi Sohn of Public Knowledge has done a wonderful job, posting an opinion from well known lawyer Bob Schwartz on The Perform Act which sums up very nicely the litany of reasons this bill should never see the light of day.