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

[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2180 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2180

   To amend title 17, United States Code, to provide limitations on 
    copyright liability relating to material on-line, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 1997

  Mr. Coble (for himself and Mr. Hyde) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, to provide limitations on 
    copyright liability relating to material on-line, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``On-Line Copyright Liability 
Limitation Act''.

SEC. 2. LIMITATIONS ON LIABILITY.

    (a) In General.--Chapter 5 of title 17, United States Code, is 
amended by adding after section 511 the following new section:
``Sec. 512. Limitations on liability relating to material on-line
    ``(a) Exemptions.--A person shall not be liable--
            ``(1) 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--
                    ``(A) does not initially place the material on-
                line;
                    ``(B) does not generate, select, or alter the 
                content of the material;
                    ``(C) does not determine the recipients of the 
                material;
                    ``(D) does not receive a financial benefit directly 
                attributable to a particular act of infringement;
                    ``(E) does not sponsor, endorse, or advertise the 
                material; and
                    ``(F)(i) does not know, and is not aware by notice 
                or other information indicating, that the material is 
                infringing, or
                    ``(ii) is prohibited by law from accessing the 
                material; or
            ``(2) in the case of a finding of contributory infringement 
        based solely on conduct for which a person is exempt from 
        liability for direct infringement or vicarious liability under 
        paragraph (1), for any remedy other than injunctive relief 
        under section 502, 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.
Nothing in clause (i) of paragraph (1)(F) shall impose an affirmative 
obligation to seek information described in such clause.
    ``(b) Limitation Based Upon Removing, Disabling, or Blocking Access 
to Infringing Material.--A person shall not be liable for any claim 
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 or not 
the material is infringing.
    ``(c) Other Defenses Not Affected.--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, 
shall not adversely bear upon the consideration by a court of a defense 
to infringement asserted by that person under section 107 or any other 
provision of law.
    ``(d) Misrepresentations.--Any person who knowingly materially 
misrepresents that material on-line is infringing shall be liable for 
any damages, including costs and attorneys' fees, incurred by any 
person who relies upon such misrepresentation in removing, disabling, 
or blocking access to the material claimed to be infringing.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following:

``512. Limitations on liability relating to material on-line.''
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