H.R.2180 - On-Line Copyright Liability Limitation Act 105th Congress (1997-1998)

Summary: H.R.2180 — 105th Congress (1997-1998) All Information (Except Text)

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Introduced in House (07/17/1997)

On-Line Copyright Liability Limitation Act - Amends Federal copyright law to exempt a person from being liable for direct infringement, or vicariously liable for the infringing acts of another, based solely on transmitting or otherwise providing access to material on-line, if the person does not: (1) initially place the material on-line; (2) generate, select, or alter the content of the material; (3) determine the recipients of the material; (4) receive a financial benefit directly attributable to a particular act of infringement; (5) sponsor, endorse, or advertise the material; and (6) know, and is not aware by notice or other information indicating, that the material is infringing, or is prohibited by law from accessing the material.

Provides that a person shall not be liable, in the case of a finding of contributory infringement based solely on conduct for which the individual is exempt from liability for direct infringement or vicarious liability, for any remedy other than injunctive relief, except that such injunctive relief shall be available only to the extent that all acts required by such relief are technically feasible and economically reasonable to carry out.

Prohibits: (1) this Act from imposing an affirmative obligation on an individual to seek information in a case where such person does not know, and is not aware by notice or other information indicating, that certain material is infringing; (2) a person from being liable for claims based on that person's removing, disabling, or blocking on-line access to material in response to information by notice or otherwise indicating or alleging that the material is infringing, whether it is or not; and (3) removing, disabling, or blocking access to material which a person transmits or to which a person otherwise provides on-line access, or the failure to do so, from adversely bearing upon the consideration of the court of a defense to infringement asserted by that person or any other provision of law.

Provides that any person who knowingly materially misrepresents that material on-line is infringing and shall be liable for any damages, including costs and attorney's fees, incurred by any person who relies upon such misrepresentation in removing, disabling, or blocking access to the material claimed to be infringing.