S.2037 - Digital Millennium Copyright Act of 1998 105th Congress (1997-1998)
Bill
Hide Overview| Sponsor: | Sen. Hatch, Orrin G. [R-UT] (Introduced 05/06/1998) |
|---|---|
| Committees: | Senate - Judiciary |
| Committee Reports: | S. Rept. 105-190 |
| Latest Action: | Senate - 09/17/1998 Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S10537) (All Actions) |
| Roll Call Votes: | There has been 1 roll call vote |
| Tracker: Tip | This bill has the status Passed Senate Here are the steps for Status of Legislation:
|
Subject — Policy Area:
- Commerce
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Text: S.2037 — 105th Congress (1997-1998) All Information (Except Text)
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Engrossed in Senate (05/14/1998)
[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2037 Engrossed in Senate (ES)]
105th CONGRESS
2d Session
S. 2037
_______________________________________________________________________
AN ACT
To amend title 17, United States Code, to implement the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty, to provide
limitations on copyright liability relating to material online, 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 ``Digital Millennium Copyright Act of
1998''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--WIPO TREATIES IMPLEMENTATION
Sec. 101. Short title.
Sec. 102. Technical amendments.
Sec. 103. Copyright protection systems and copyright management
information.
Sec. 104. Conforming amendment.
Sec. 105. Effective date.
TITLE II--INTERNET COPYRIGHT INFRINGEMENT LIABILITY
Sec. 201. Short title.
Sec. 202. Limitations on liability for Internet copyright infringement.
Sec. 203. Conforming amendment.
Sec. 204. Liability of educational institutions for online infringement
of copyright.
Sec. 205. Effective date.
TITLE III--COMPUTER MAINTENANCE OR REPAIR
Sec. 301. Limitation on exclusive rights; computer programs.
TITLE IV--EPHEMERAL RECORDINGS; DISTANCE EDUCATION; EXEMPTION FOR
LIBRARIES AND ARCHIVES
Sec. 401. Ephemeral recordings.
Sec. 402. Limitations on exclusive rights; distance education.
Sec. 403. Exemption for libraries and archives.
TITLE I--WIPO TREATIES IMPLEMENTATION
SEC. 101. SHORT TITLE.
This title may be cited as the ``WIPO Copyright and Performances
and Phonograms Treaties Implementation Act of 1998''.
SEC. 102. TECHNICAL AMENDMENTS.
(a) Section 101 of title 17, United States Code, is amended--
(1) by deleting the definition of ``Berne Convention
work'';
(2) in the definition of ``The `country of origin' of a
Berne Convention work'', by deleting ``The `country of origin'
of a Berne Convention work,'', capitalizing the first letter of
the word ``for'', deleting ``is the United States'' after ``For
purposes of section 411,'', and inserting ``a work is a `United
States work' only'' after ``For purposes of section 411,'';
(3) in paragraph (1)(B) of the definition of ``The `country
of origin' of a Berne Convention work'', by inserting ``treaty
party or parties'' and deleting ``nation or nations adhering to
the Berne Convention'';
(4) in paragraph (1)(C) of the definition of ``The `country
of origin' of a Berne Convention work'', by inserting ``is not
a treaty party'' and deleting ``does not adhere to the Berne
Convention'';
(5) in paragraph (1)(D) of the definition of ``The `country
of origin' of a Berne Convention work'', by inserting ``is not
a treaty party'' and deleting ``does not adhere to the Berne
Convention'';
(6) in paragraph (3) of the definition of ``The `country of
origin' of a Berne Convention work'', by deleting ``For the
purposes of section 411, the `country of origin' of any other
Berne Convention work is not the United States.'';
(7) after the definition for ``fixed'', by inserting ``The
`Geneva Phonograms Convention' is the Convention for the
Protection of Producers of Phonograms Against Unauthorized
Duplication of Their Phonograms, concluded at Geneva,
Switzerland on October 29, 1971.'';
(8) after the definition for ``including'', by inserting
``An `international agreement' is--
``(1) the Universal Copyright Convention;
``(2) the Geneva Phonograms Convention;
``(3) the Berne Convention;
``(4) the WTO Agreement;
``(5) the WIPO Copyright Treaty;
``(6) the WIPO Performances and Phonograms Treaty; and
``(7) any other copyright treaty to which the United States
is a party.'';
(9) after the definition for ``transmit'', by inserting ``A
`treaty party' is a country or intergovernmental organization
other than the United States that is a party to an
international agreement.'';
(10) after the definition for ``widow'', by inserting ``The
`WIPO Copyright Treaty' is the WIPO Copyright Treaty concluded
at Geneva, Switzerland, on December 20, 1996.'';
(11) after the definition for ``The `WIPO Copyright
Treaty', by inserting ``The `WIPO Performances and Phonograms
Treaty' is the WIPO Performances and Phonograms Treaty
concluded at Geneva, Switzerland on December 20, 1996.''; and
(12) by inserting, after the definition for ``work for
hire'', ``The `WTO Agreement' is the Agreement Establishing the
World Trade Organization entered into on April 15, 1994. The
terms `WTO Agreement' and `WTO member country' have the
meanings given those terms in paragraphs (9) and (10)
respectively of section 2 of the Uruguay Round Agreements
Act.''.
(b) Section 104 of title 17, United States Code, is amended--
(1) in subsection (b)(1), by deleting ``foreign nation that
is a party to a copyright treaty to which the United States is
also a party'' and inserting ``treaty party'';
(2) in subsection (b)(2) by deleting ``party to the
Universal Copyright Convention'' and inserting ``treaty
party'';
(3) by renumbering the present subsection (b)(3) as (b)(5)
and moving it to its proper sequential location and inserting a
new subsection (b)(3) to read:
``(3) the work is a sound recording that was first fixed in
a treaty party; or'';
(4) in subsection (b)(4) by deleting ``Berne Convention
work'' and inserting ``pictorial, graphic or sculptural work
that is incorporated in a building or other structure, or an
architectural work that is embodied in a building and the
building or structure is located in the United States or a
treaty party'';
(5) by renumbering present subsection (b)(5) as (b)(6);
(6) by inserting a new subsection (b)(7) to read:
``(7) for purposes of paragraph (2), a work that is
published in the United States or a treaty party within thirty
days of publication in a foreign nation that is not a treaty
party shall be considered first published in the United States
or such treaty party as the case may be.''; and
(7) by inserting a new subsection (d) to read:
``(d) Effect of Phonograms Treaties.--Notwithstanding the
provisions of subsection (b), no works other than sound recordings
shall be eligible for protection under this title solely by virtue of
the adherence of the United States to the Geneva Phonograms Convention
or the WIPO Performances and Phonograms Treaty.''.
(c) Section 104A(h) of title 17, United States Code, is amended--
(1) in paragraph (1), by deleting ``(A) a nation adhering
to the Berne Convention or a WTO member country; or (B) subject
to a Presidential proclamation under subsection (g),'' and
inserting--
``(A) a nation adhering to the Berne Convention;
``(B) a WTO member country;
``(C) a nation adhering to the WIPO Copyright
Treaty;
``(D) a nation adhering to the WIPO Performances
and Phonograms Treaty; or
``(E) subject to a Presidential proclamation under
subsection (g)'';
(2) paragraph (3) is amended to read as follows:
``(3) the term `eligible country' means a nation, other
than the United States that--
``(A) becomes a WTO member country after the date
of enactment of the Uruguay Round Agreements Act;
``(B) on the date of enactment is, or after the
date of enactment becomes, a nation adhering to the
Berne Convention;
``(C) adheres to the WIPO Copyright Treaty;
``(D) adheres to the WIPO Performances and
Phonograms Treaty; or
``(E) after such date of enactment becomes subject
to a proclamation under subsection (g).'';
(3) in paragraph (6)(C)(iii), by deleting ``and'' after
``eligibility'';
(4) at the end of paragraph (6)(D), by deleting the period
and inserting ``; and'';
(5) by adding the following new paragraph (6)(E):
``(E) if the source country for the work is an
eligible country solely by virtue of its adherence to
the WIPO Performances and Phonograms Treaty, is a sound
recording.'';
(6) in paragraph (8)(B)(i), by inserting ``of which''
before ``the majority'' and striking ``of eligible countries'';
and
(7) by deleting paragraph (9).
(d) Section 411 of title 17, United States Code, is amended--
(1) in subsection (a), by deleting ``actions for
infringement of copyright in Berne Convention works whose
country of origin is not the United States and''; and
(2) in subsection (a), by inserting ``United States'' after
``no action for infringement of the copyright in any''.
(e) Section 507(a) of title 17, United States Code, is amended by
adding at the beginning, ``Except as expressly provided elsewhere in
this title,''.
SEC. 103. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT
INFORMATION.
Title 17, United States Code, is amended by adding the following
new chapter:
``CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
``Sec.
``1201. Circumvention of copyright protection systems.
``1202. Integrity of copyright management information.
``1203. Civil remedies.
``1204. Criminal offenses and penalties.
``1205. Savings Clause.
``Sec. 1201. Circumvention of copyright protection systems
``(a) Violations Regarding Circumvention of Technological
Protection Measures.--(1) No person shall circumvent a technological
protection measure that effectively controls access to a work protected
under this title.
``(2) No person shall manufacture, import, offer to the public,
provide or otherwise traffic in any technology, product, service,
device, component, or part thereof that--
``(A) is primarily designed or produced for the purpose of
circumventing a technological protection measure that
effectively controls access to a work protected under this
title;
``(B) has only limited commercially significant purpose or
use other than to circumvent a technological protection measure
that effectively controls access to a work protected under this
title; or
``(C) is marketed by that person or another acting in
concert with that person with that person's knowledge for use
in circumventing a technological protection measure that
effectively controls access to a work protected under this
title.
``(3) As used in this subsection--
``(A) to `circumvent a technological protection measure'
means to descramble a scrambled work, to decrypt an encrypted
work, or otherwise to avoid, bypass, remove, deactivate, or
impair a technological protection measure, without the
authority of the copyright owner; and
``(B) a technological protection measure `effectively
controls access to a work' if the measure, in the ordinary
course of its operation, requires the application of
information, or a process or a treatment, with the authority of
the copyright owner, to gain access to the work.
``(b) Additional Violations.--(1) No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part thereof that--
``(A) is primarily designed or produced for the purpose of
circumventing protection afforded by a technological protection
measure that effectively protects a right of a copyright owner
under this title in a work or a portion thereof;
``(B) has only limited commercially significant purpose or
use other than to circumvent protection afforded by a
technological protection measure that effectively protects a
right of a copyright owner under this title in a work or a
portion thereof; or
``(C) is marketed by that person or another acting in
concert with that person with that person's knowledge for use
in circumventing protection afforded by a technological
protection measure that effectively protects a right of a
copyright owner under this title in a work or a portion
thereof.
``(2) As used in this subsection--
``(A) to `circumvent protection afforded by a technological
protection measure' means avoiding, bypassing, removing,
deactivating, or otherwise impairing a technological protection
measure; and
``(B) a technological protection measure `effectively
protects a right of a copyright owner under this title' if the
measure, in the ordinary course of its operation, prevents,
restricts, or otherwise limits the exercise of a right of a
copyright owner under this title.
``(c) Other Rights, Etc., Not Affected.--(1) Nothing in this
section shall affect rights, remedies, limitations, or defenses to
copyright infringement, including fair use, under this title.
``(2) Nothing in this section shall enlarge or diminish vicarious
or contributory liability for copyright infringement in connection with
any technology, product, service, device, component or part thereof.
``(3) Nothing in this section shall require that the design of, or
design and selection of parts and components for, a consumer
electronics, telecommunications, or computing product provide for a
response to any particular technological protection measure, so long as
such part or component or the product, in which such part or component
is integrated, does not otherwise fall within the prohibitions of
subsection (a)(2) or (b)(1).
``(d) Exemption for Nonprofit Libraries, Archives, and Educational
Institutions.--(1) A nonprofit library, archives, or educational
institution which gains access to a commercially exploited copyrighted
work solely in order to make a good faith determination of whether to
acquire a copy of that work for the sole purpose of engaging in conduct
permitted under this title shall not be in violation of subsection
(a)(1). A copy of a work to which access has been gained under this
paragraph--
``(A) may not be retained longer than necessary to make
such good faith determination; and
``(B) may not be used for any other purpose.
``(2) The exemption made available under paragraph (1) shall only
apply with respect to a work when an identical copy of that work is not
reasonably available in another form.
``(3) A nonprofit library, archives, or educational institution
that willfully for the purpose of commercial advantage or financial
gain violates paragraph (1)--
``(A) shall, for the first offense, be subject to the civil
remedies under section 1203; and
``(B) shall, for repeated or subsequent offenses, in
addition to the civil remedies under section 1203, forfeit the
exemption provided under paragraph (1).
``(4) This subsection may not be used as a defense to a claim under
subsection (a)(2) or (b), nor may this subsection permit a nonprofit
library, archives, or educational institution to manufacture, import,
offer to the public, provide, or otherwise traffic in any technology
which circumvents a technological protection measure.
``(5) In order for a library or archives to qualify for the
exemption under this subsection, the collections of that library or
archives shall be--
``(A) open to the public; or
``(B) available not only to researchers affiliated with the
library or archives or with the institution of which it is a
part, but also to other persons doing research in a specialized
field.
``(e) Law Enforcement and Intelligence Activities.--This section
does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of an officer, agent or employee of the United
States, a State, or a political subdivision of a State, or a person
acting pursuant to a contract with such entities.
``(f) Notwithstanding the provisions of subsection (a)(1), a person
who has lawfully obtained the right to use a copy of a computer program
may circumvent a technological protection measure that effectively
controls access to a particular portion of that program for the sole
purpose of identifying and analyzing those elements of the program that
are necessary to achieve interoperability of an independently created
computer program with other programs, and that have not previously been
readily available to the person engaging in the circumvention, to the
extent any such acts of identification and analysis do not constitute
infringement under this title.
``(g) Notwithstanding the provisions of subsections (a)(2) and (b),
a person may develop and employ technological means to circumvent for
the identification and analysis described in subsection (f), or for the
limited purpose of achieving interoperability of an independently
created computer program with other programs, where such means are
necessary to achieve such interoperability, to the extent that doing so
does not constitute infringement under this title.
``(h) The information acquired through the acts permitted under
subsection (f), and the means permitted under subsection (g), may be
made available to others if the person referred to in subsections (f)
or (g) provides such information or means solely for the purpose of
achieving interoperability of an independently created computer program
with other programs, and to the extent that doing so does not
constitute infringement under this title, or violate applicable law
other than this title.
``(i) For purposes of subsections (f), (g), and (h), the term
``interoperability'' means the ability of computer programs to exchange
information, and for such programs mutually to use the information
which has been exchanged.
``(j) In applying subsection (a) to a component or part, the court
may consider the necessity for its intended and actual incorporation in
a technology, product, service or device, which (i) does not itself
violate the provisions of this chapter and (ii) has the sole purpose to
prevent the access of minors to material on the Internet.
``Sec. 1202. Integrity of copyright management information
``(a) False Copyright Management Information.--No person shall
knowingly and with the intent to induce, enable, facilitate or conceal
infringement--
``(1) provide copyright management information that is
false, or
``(2) distribute or import for distribution copyright
management information that is false.
``(b) Removal or Alteration of Copyright Management Information.--
No person shall, without the authority of the copyright owner or the
law--
``(1) intentionally remove or alter any copyright
management information,
``(2) distribute or import for distribution copyright
management information knowing that the copyright management
information has been removed or altered without authority of
the copyright owner or the law, or
``(3) distribute, import for distribution, or publicly
perform works, copies of works, or phonorecords, knowing that
copyright management information has been removed or altered
without authority of the copyright owner or the law,
knowing, or, with respect to civil remedies under section 1203, having
reasonable grounds to know, that it will induce, enable, facilitate or
conceal an infringement of any right under this title.
``(c) Definition.--As used in this chapter, `copyright management
information' means the following information conveyed in connection
with copies or phonorecords of a work or performances or displays of a
work, including in digital form--
``(1) the title and other information identifying the work,
including the information set forth on a notice of copyright;
``(2) the name of, and other identifying information about,
the author of a work;
``(3) the name of, and other identifying information about,
the copyright owner of the work, including the information set
forth in a notice of copyright;
``(4) with the exception of public performances of works by
radio and television broadcast stations the name of, and other
identifying information about, a performer whose performance is
fixed in a work other than an audiovisual work;
``(5) with the exception of public performances of works by
radio and television broadcast stations, in the case of an
audiovisual work, the name of, and other identifying
information about, a writer, performer, or director who is
credited in the audiovisual work;
``(6) terms and conditions for use of the work;
``(7) identifying numbers or symbols referring to such
information or links to such information; or
``(8) such other information as the Register of Copyrights
may prescribe by regulation, except that the Register of
Copyrights may not require the provision of any information
concerning the user of a copyrighted work.
``(d) Law Enforcement and Intelligence Activities.--This section
does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of an officer, agent, or employee of the United
States, a State, or a political subdivision of a State, or a person
acting pursuant to a contract with such entities.
``(e) Limitations on Liability.--
``(1) Analog transmissions.--In the case of an analog
transmission, a person who is making transmissions in its
capacity as a radio or television broadcast station, or as a
cable system, or someone who provides programming to such
station or system, shall not be liable for a violation of
subsection (b) if--
``(A) avoiding the activity that constitutes such
violation is not technically feasible or would create
an undue financial hardship on such person; and
``(B) such person did not intend, by engaging in
such activity, to induce, enable, facilitate or conceal
infringement.
``(2) Digital transmissions.--
``(A) If a digital transmission standard for the
placement of copyright management information for a
category of works is set in a voluntary, consensus
standard-setting process involving a representative
cross-section of radio or television broadcast stations
or cable systems and copyright owners of a category of
works that are intended for public performance by such
stations or systems, a person identified in subsection
(e)(1) shall not be liable for a violation of
subsection (b) with respect to the particular copyright
management information addressed by such standard if--
``(i) the placement of such information by
someone other than such person is not in
accordance with such standard; and
``(ii) the activity that constitutes such
violation is not intended to induce, enable,
facilitate or conceal infringement.
``(B) Until a digital transmission standard has
been set pursuant to subparagraph (A) with respect to
the placement of copyright management information for a
category or works, a person identified in subsection
(e)(1) shall not be liable for a violation of
subsection (b) with respect to such copyright
management information, where the activity that
constitutes such violation is not intended to induce,
enable, facilitate or conceal infringement, if--
``(i) the transmission of such information
by such person would result in a perceptible
visual or aural degradation of the digital
signal; or
``(ii) the transmission of such information
by such person would conflict with--
``(I) an applicable government
regulation relating to transmission of
information in a digital signal;
``(II) an applicable industry-wide
standard relating to the transmission
of information in a digital signal that
was adopted by a voluntary consensus
standards body prior to the effective
date of this section; or
``(III) an applicable industry-wide
standard relating to the transmission
of information in a digital signal that
was adopted in a voluntary, consensus
standards-setting process open to
participation by a representative
cross-section of radio or television
broadcast stations or cable systems and
copyright owners of a category of works
that are intended for public
performance by such stations or
systems.
``Sec. 1203. Civil remedies
``(a) Civil Actions.--Any person injured by a violation of section
1201 or 1202 may bring a civil action in an appropriate United States
district court for such violation.
``(b) Powers of the Court.--In an action brought under subsection
(a), the court--
``(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation;
``(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any device
or product that is in the custody or control of the alleged
violator and that the court has reasonable cause to believe was
involved in a violation;
``(3) may award damages under subsection (c);
``(4) in its discretion may allow the recovery of costs by
or against any party other than the United States or an officer
thereof;
``(5) in its discretion may award reasonable attorney's
fees to the prevailing party; and
``(6) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under paragraph (2).
``(c) Award of Damages.--
``(1) In general.--Except as otherwise provided in this
chapter, a person committing a violation of section 1201 or
1202 is liable for either--
``(A) the actual damages and any additional profits
of the violator, as provided in paragraph (2), or
``(B) statutory damages, as provided in paragraph
(3).
``(2) Actual damages.--The court shall award to the
complaining party the actual damages suffered by the party as a
result of the violation, and any profits of the violator that
are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment is
entered.
``(3) Statutory damages.--
``(A) At any time before final judgment is entered,
a complaining party may elect to recover an award of
statutory damages for each violation of section 1201 in
the sum of not less than $200 or more than $2,500 per
act of circumvention, device, product, component,
offer, or performance of service, as the court
considers just.
``(B) At any time before final judgment is entered,
a complaining party may elect to recover an award of
statutory damages for each violation of section 1202 in
the sum of not less than $2,500 or more than $25,000.
``(4) Repeated violations.--In any case in which the
injured party sustains the burden of proving, and the court
finds, that a person has violated section 1201 or 1202 within
three years after a final judgment was entered against the
person for another such violation, the court may increase the
award of damages up to triple the amount that would otherwise
be awarded, as the court considers just.
``(5) Innocent violations.--
``(A) In general.--The court in its discretion may
reduce or remit the total award of damages in any case
in which the violator sustains the burden of proving,
and the court finds, that the violator was not aware
and had no reason to believe that its acts constituted
a violation.
``(B) Nonprofit library, archives, or educational
institutions.--In the case of a nonprofit library,
archives, or educational institution, the court shall
remit damages in any case in which the library,
archives, or educational institution sustains the
burden of proving, and the court finds, that the
library, archives, or educational institution was not
aware and had no reason to believe that its acts
constituted a violation.
``Sec. 1204. Criminal offenses and penalties
``(a) In General.--Any person who violates section 1201 or 1202
willfully and for purposes of commercial advantage or private financial
gain--
``(1) shall be fined not more than $500,000 or imprisoned
for not more than 5 years, or both for the first offense; and
``(2) shall be fined not more than $1,000,000 or imprisoned
for not more than 10 years, or both for any subsequent offense.
``(b) Limitation for Nonprofit Library, Archives, or Educational
Institution.--Subsection (a) shall not apply to a nonprofit library,
archives, or educational institution.
``(c) Statute of Limitations.--Notwithstanding section 507(a) of
this title, no criminal proceeding shall be brought under this section
unless such proceeding is commenced within five years after the cause
of action arose.
``Sec. 1205. Savings Clause
``Nothing in this chapter abrogates, diminishes or weakens the
provisions of, nor provides any defense or element of mitigation in a
criminal prosecution or civil action under, any Federal or State law
that prevents the violation of the privacy of an individual in
connection with the individual's use of the Internet.''.
SEC. 104. CONFORMING AMENDMENT.
The table of chapters for title 17, United States Code, is amended
by adding at the end the following:
``12. Copyright Protection and Management Systems........... 1201''.
SEC. 105. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), the amendments made by
this title shall take effect on the date of the enactment of this Act.
(b) Amendments Relating to Certain International Agreements.--(1)
The following shall take effect upon entry into force of the WIPO
Copyright Treaty with respect to the United States--
(A) paragraph (5) of the definition of ``international
agreement'' contained in section 101 of title 17, United States
Code, as amended by section 102(a)(8) of this title;
(B) the amendment made by section 102(a)(10) of this title;
(C) subparagraph (C) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(1) of this
title; and
(D) subparagraph (C) of section 104A(h)(3) of title 17,
United States Code, as amended by section 102(c)(2) of this
title.
(2) The following shall take effect upon the entry into force of
the WIPO Performances and Phonograms Treaty with respect to the United
States--
(A) paragraph (6) of the definition of ``international
agreement'' contained in section 101 of title 17, United States
Code, as amended by section 102(a)(8) of this title;
(B) the amendment made by section 102(a)(11) of this title;
(C) the amendment made by section 102(b)(7) of this title;
(D) subparagraph (D) of section 104A(h)(1) of title 17,
United States Code, as amended by section 102(c)(2) of this
title;
(E) the amendment made by section 102(c)(4) of this title;
and
(F) the amendment made by section 102(c)(5) of this title.
TITLE II--INTERNET COPYRIGHT INFRINGEMENT LIABILITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Internet Copyright Infringement
Liability Clarification Act of 1998''.
SEC. 202. LIMITATIONS ON LIABILITY FOR INTERNET COPYRIGHT INFRINGEMENT.
(a) In General.--Chapter 5 of title 17, United States Code, is
amended by adding after section 511 the following new section:
``Sec. 512. Liability of service providers for online infringement of
copyright
``(a) Digital Network Communications.--A service provider shall not
be liable for monetary relief, or except as provided in subsection (i)
for injunctive or other equitable relief, for infringement for the
provider's transmitting, routing, or providing connections for,
material through a system or network controlled or operated by or for
the service provider, or the intermediate and transient storage of such
material in the course of such transmitting, routing or providing
connections, if--
``(1) it was initiated by or at the direction of a person
other than the service provider;
``(2) it is carried out through an automatic technical
process without selection of such material by the service
provider;
``(3) the service provider does not select the recipients
of such material except as an automatic response to the request
of another;
``(4) no such copy of such material made by the service
provider is maintained on the system or network in a manner
ordinarily accessible to anyone other than anticipated
recipients, and no such copy is maintained on the system or
network in a manner ordinarily accessible to the anticipated
recipients for a longer period than is reasonably necessary for
the communication; and
``(5) the material is transmitted without modification to
its content.
``(b) System Caching.--A service provider shall not be liable for
monetary relief, or except as provided in subsection (i) for injunctive
or other equitable relief, for infringement for the intermediate and
temporary storage of material on the system or network controlled or
operated by or for the service provider: Provided, That--
``(1) such material is made available online by a person
other than such service provider,
``(2) such material is transmitted from the person
described in paragraph (1) through such system or network to
someone other than that person at the direction of such other
person,
``(3) the storage is carried out through an automatic
technical process for the purpose of making such material
available to users of such system or network who subsequently
request access to that material from the person described in
paragraph (1):
Provided further, That--
``(4) such material is transmitted to such subsequent users
without modification to its content from the manner in which
the material otherwise was transmitted from the person
described in paragraph (1);
``(5) such service provider complies with rules concerning
the refreshing, reloading or other updating of such material
when specified by the person making that material available
online in accordance with an accepted industry standard data
communications protocol for the system or network through which
that person makes the material available: Provided further,
That the rules are not used by the person described in
paragraph (1) to prevent or unreasonably impair such
intermediate storage;
``(6) such service provider does not interfere with the
ability of technology associated with such material that
returns to the person described in paragraph (1) the
information that would have been available to such person if
such material had been obtained by such subsequent users
directly from such person: Provided further, That such
technology--
``(A) does not significantly interfere with the
performance of the provider's system or network or with
the intermediate storage of the material;
``(B) is consistent with accepted industry standard
communications protocols; and
``(C) does not extract information from the
provider's system or network other than the information
that would have been available to such person if such
material had been accessed by such users directly from
such person;
``(7) either--
``(A) the person described in paragraph (1) does
not currently condition access to such material; or
``(B) if access to such material is so conditioned
by such person, by a current individual pre-condition,
such as a pre-condition based on payment of a fee, or
provision of a password or other information, the
service provider permits access to the stored material
in significant part only to users of its system or
network that have been so authorized and only in
accordance with those conditions; and
``(8) if the person described in paragraph (1) makes that
material available online without the authorization of the
copyright owner, then the service provider responds
expeditiously to remove, or disable access to, the material
that is claimed to be infringing upon notification of claimed
infringements described in subsection (c)(3): Provided further,
That the material has previously been removed from the
originating site, and the party giving the notification
includes in the notification a statement confirming that such
material has been removed or access to it has been disabled or
ordered to be removed or have access disabled.
``(c) Information Stored on Service Providers.--
``(1) In general.--A service provider shall not be liable
for monetary relief, or except as provided in subsection (i)
for injunctive or other equitable relief, for infringement for
the storage at the direction of a user of material that resides
on a system or network controlled or operated by or for the
service provider, if the service provider--
``(A)(i) does not have actual knowledge that the
material or activity is infringing,
``(ii) in the absence of such actual knowledge, is
not aware of facts or circumstances from which
infringing activity is apparent, or
``(iii) if upon obtaining such knowledge or
awareness, the service provider acts expeditiously to
remove or disable access to, the material;
``(B) does not receive a financial benefit directly
attributable to the infringing activity, where the
service provider has the right and ability to control
such activity; and
``(C) in the instance of a notification of claimed
infringement as described in paragraph (3), responds
expeditiously to remove, or disable access to, the
material that is claimed to be infringing or to be the
subject of infringing activity.
``(2) Designated agent.--The limitations on liability
established in this subsection apply only if the service
provider has designated an agent to receive notifications of
claimed infringement described in paragraph (3), by
substantially making the name, address, phone number,
electronic mail address of such agent, and other contact
information deemed appropriate by the Register of Copyrights,
available through its service, including on its website, and by
providing such information to the Copyright Office. The
Register of Copyrights shall maintain a current directory of
agents available to the public for inspection, including
through the Internet, in both electronic and hard copy formats.
``(3) Elements of notification.--
``(A) To be effective under this subsection, a
notification of claimed infringement means any written
communication provided to the service provider's
designated agent that includes substantially the
following--
``(i) a physical or electronic signature of
a person authorized to act on behalf of the
owner of an exclusive right that is allegedly
infringed;
``(ii) identification of the copyrighted
work claimed to have been infringed, or, if
multiple such works at a single online site are
covered by a single notification, a
representative list of such works at that site;
``(iii) identification of the material that
is claimed to be infringing or to be the
subject of infringing activity that is to be
removed or access to which is to be disabled,
and information reasonably sufficient to permit
the service provider to locate the material;
``(iv) information reasonably sufficient to
permit the service provider to contact the
complaining party, such as an address,
telephone number, and, if available an
electronic mail address at which the
complaining party may be contacted;
``(v) a statement that the complaining
party has a good faith belief that use of the
material in the manner complained of is not
authorized by the copyright owner, or its
agent, or the law; and
``(vi) a statement that the information in
the notification is accurate, and under penalty
of perjury, that the complaining party has the
authority to enforce the owner's rights that
are claimed to be infringed.
``(B) A notification from the copyright owner or
from a person authorized to act on behalf of the
copyright owner that fails substantially to conform to
the provisions of paragraph (3)(A) shall not be
considered under paragraph (1)(A) in determining
whether a service provider has actual knowledge or is
aware of facts or circumstances from which infringing
activity is apparent: Provided, That the provider
promptly attempts to contact the complaining party or
takes other reasonable steps to assist in the receipt
of notice under paragraph (3)(A) when the notice is
provided to the service provider's designated agent and
substantially satisfies the provisions of paragraphs
(3)(A) (ii), (iii), and (iv).
``(d) Information Location Tools.--A service provider shall not be
liable for monetary relief, or except as provided in subsection (i) for
injunctive or other equitable relief, for infringement for the provider
referring or linking users to an online location containing infringing
material or activity by using information location tools, including a
directory, index, reference, pointer or hypertext link, if the
provider--
``(1) does not have actual knowledge that the material or
activity is infringing or, in the absence of such actual
knowledge, is not aware of facts or circumstances from which
infringing activity is apparent;
``(2) does not receive a financial benefit directly
attributable to the infringing activity, where the service
provider has the right and ability to control such activity;
and
``(3) responds expeditiously to remove or disable the
reference or link upon notification of claimed infringement as
described in subsection (c)(3): Provided, That for the purposes
of this paragraph, the element in subsection (c)(3)(A)(iii)
shall be identification of the reference or link, to material
or activity claimed to be infringing, that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate such
reference or link.
``(e) Misrepresentations.--Any person who knowingly materially
misrepresents under this section--
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by
mistake or misidentification,
shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by the service provider, who is injured
by such misrepresentation, as the result of the service provider
relying upon such misrepresentation in removing or disabling access to
the material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
``(f) Replacement of Removed or Disabled Material and Limitation on
Other Liability.--
``(1) Subject to paragraph (2) of this subsection, a
service provider shall not be liable to any person for any
claim based on the service provider's good faith disabling of
access to, or removal of, material or activity claimed to be
infringing or based on facts or circumstances from which
infringing activity is apparent, regardless of whether the
material or activity is ultimately determined to be infringing.
``(2) Paragraph (1) of this subsection shall not apply with
respect to material residing at the direction of a subscriber
of the service provider on a system or network controlled or
operated by or for the service provider that is removed, or to
which access is disabled by the service provider pursuant to a
notice provided under subsection (c)(1)(C), unless the service
provider--
``(A) takes reasonable steps promptly to notify the
subscriber that it has removed or disabled access to
the material;
``(B) upon receipt of a counter notice as described
in paragraph (3), promptly provides the person who
provided the notice under subsection (c)(1)(C) with a
copy of the counter notice, and informs such person
that it will replace the removed material or cease
disabling access to it in ten business days; and
``(C) replaces the removed material and ceases
disabling access to it not less than 10, nor more than
14, business days following receipt of the counter
notice, unless its designated agent first receives
notice from the person who submitted the notification
under subsection (c)(1)(C) that such person has filed
an action seeking a court order to restrain the
subscriber from engaging in infringing activity
relating to the material on the service provider's
system or network.
``(3) To be effective under this subsection, a counter
notification means any written communication provided to the
service provider's designated agent that includes substantially
the following:
``(A) A physical or electronic signature of the
subscriber.
``(B) Identification of the material that has been
removed or to which access has been disabled and the
location at which such material appeared before it was
removed or access was disabled.
``(C) A statement under penalty of perjury that the
subscriber has a good faith belief that the material
was removed or disabled as a result of mistake or
misidentification of the material to be removed or
disabled.
``(D) The subscriber's name, address and telephone
number, and a statement that the subscriber consents to
the jurisdiction of Federal Court for the judicial
district in which the address is located, or if the
subscriber's address is outside of the United States,
for any judicial district in which the service provider
may be found, and that the subscriber will accept
service of process from the person who provided notice
under subsection (c)(1)(C) or agent of such person.
``(4) A service provider's compliance with paragraph (2)
shall not subject the service provider to liability for
copyright infringement with respect to the material identified
in the notice provided under subsection (c)(1)(C).
``(g) Identification of Direct Infringer.--The copyright owner or a
person authorized to act on the owner's behalf may request an order for
release of identification of an alleged infringer by filing--
(1) a copy of a notification described in subsection
(c)(3)(A), including a proposed order, and
(2) a sworn declaration that the purpose of the order is to
obtain the identity of an alleged infringer and that such
information will only be used for the purpose of this title,
with the clerk of any United States district court.
The order shall authorize and order the service provider receiving the
notification to disclose expeditiously to the copyright owner or person
authorized by the copyright owner information sufficient to identify
the alleged direct infringer of the material described in the
notification to the extent such information is available to the service
provider. The order shall be expeditiously issued if the accompanying
notification satisfies the provisions of subsection (c)(3)(A) and the
accompanying declaration is properly executed. Upon receipt of the
order, either accompanying or subsequent to the receipt of a
notification described in subsection (c)(3)(A), a service provider
shall expeditiously give to the copyright owner or person authorized by
the copyright owner the information required by the order,
notwithstanding any other provision of law and regardless of whether
the service provider responds to the notification.
``(h) Conditions for Eligibility.--
``(1) Accommodation of technology.--The limitations on
liability established by this section shall apply only if the
service provider--
``(A) has adopted and reasonably implemented, and
informs subscribers of the service of, a policy for the
termination of subscribers of the service who are
repeat infringers; and
``(B) accommodates and does not interfere with
standard technical measures as defined in this
subsection.
``(2) Definition.--As used in this section, `standard
technical measures' are technical measures, used by copyright
owners to identify or protect copyrighted works, that--
``(A) have been developed pursuant to a broad
consensus of copyright owners and service providers in
an open, fair, voluntary, multi-industry standards
process;
``(B) are available to any person on reasonable and
nondiscriminatory terms; and
``(C) do not impose substantial costs on service
providers or substantial burdens on their systems or
networks.
``(i) Injunctions.--The following rules shall apply in the case of
any application for an injunction under section 502 against a service
provider that is not subject to monetary remedies by operation of this
section.
``(1) Scope of relief.--
``(A) With respect to conduct other than that which
qualifies for the limitation on remedies as set forth
in subsection (a), the court may only grant injunctive
relief with respect to a service provider in one or
more of the following forms--
``(i) an order restraining it from
providing access to infringing material or
activity residing at a particular online site
on the provider's system or network;
``(ii) an order restraining it from
providing access to an identified subscriber of
the service provider's system or network who is
engaging in infringing activity by terminating
the specified accounts of such subscriber; or
``(iii) such other injunctive remedies as
the court may consider necessary to prevent or
restrain infringement of specified copyrighted
material at a particular online location:
Provided, That such remedies are the least
burdensome to the service provider that are
comparably effective for that purpose.
``(B) If the service provider qualifies for the
limitation on remedies described in subsection (a), the
court may only grant injunctive relief in one or both
of the following forms--
``(i) an order restraining it from
providing access to an identified subscriber of
the service provider's system or network who is
using the provider's service to engage in
infringing activity by terminating the
specified accounts of such subscriber; or
``(ii) an order restraining it from
providing access, by taking specified
reasonable steps to block access, to a
specific, identified, foreign online location.
``(2) Considerations.--The court, in considering the
relevant criteria for injunctive relief under applicable law,
shall consider--
``(A) whether such an injunction, either alone or
in combination with other such injunctions issued
against the same service provider under this
subsection, would significantly burden either the
provider or the operation of the provider's system or
network;
``(B) the magnitude of the harm likely to be
suffered by the copyright owner in the digital network
environment if steps are not taken to prevent or
restrain the infringement;
``(C) whether implementation of such an injunction
would be technically feasible and effective, and would
not interfere with access to noninfringing material at
other online locations; and
``(D) whether other less burdensome and comparably
effective means of preventing or restraining access to
the infringing material are available.
``(3) Notice and ex parte orders.--Injunctive relief under
this subsection shall not be available without notice to the
service provider and an opportunity for such provider to
appear, except for orders ensuring the preservation of evidence
or other orders having no material adverse effect on the
operation of the service provider's communications network.
``(j) Definitions.--
``(1)(A) As used in subsection (a), the term `service
provider' means an entity offering the transmission, routing or
providing of connections for digital online communications,
between or among points specified by a user, of material of the
user's choosing, without modification to the content of the
material as sent or received.
``(B) As used in any other subsection of this section, the
term `service provider' means a provider of online services or
network access, or the operator of facilities therefor, and
includes an entity described in the preceding paragraph of this
subsection.
``(2) As used in this section, the term `monetary relief'
means damages, costs, attorneys' fees, and any other form of
monetary payment.
``(k) Other Defenses Not Affected.--The failure of a service
provider's conduct to qualify for limitation of liability under this
section shall not bear adversely upon the consideration of a defense by
the service provider that the service provider's conduct is not
infringing under this title or any other defense.
``(l) Protection of Privacy.--Nothing in this section shall be
construed to condition the applicability of subsections (a) through (d)
on--
``(1) a service provider monitoring its service or
affirmatively seeking facts indicating infringing activity
except to the extent consistent with a standard technical
measure complying with the provisions of subsection (h); or
``(2) a service provider accessing, removing, or disabling
access to material where such conduct is prohibited by law.
``(m) Rule of Construction.--Subsections (a), (b), (c), and (d) are
intended to describe separate and distinct functions for purposes of
analysis under this section. Whether a service provider qualifies for
the limitation on liability in any one such subsection shall be based
solely on the criteria in each such subsection and shall not affect a
determination of whether such service provider qualifies for the
limitations on liability under any other such subsection.''.
SEC. 203. 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. Liability of service providers for online infringement of
copyright.''.
SEC. 204. LIABILITY OF EDUCATIONAL INSTITUTIONS FOR ONLINE
INFRINGEMENT OF COPYRIGHT.
(a) Not later than six months after the date of enactment of this
Act, the Register of Copyrights, after consultation with
representatives of copyright owners and nonprofit educational
institutions, shall submit to the Congress recommendations regarding
the liability of nonprofit educational institutions for copyright
infringement committed with the use of computer systems for which such
an institution is a service provider, as that term is defined in
section 512 of title 17, United States Code, (as amended by this Act),
including recommendations for legislation the Register of Copyrights
considers appropriate regarding such liability, if any.
(b) In formulating recommendations, the Register of Copyrights
shall consider, where relevant--
(1) current law regarding the direct, vicarious, and
contributory liability of nonprofit educational institutions
for infringement by faculty, administrative employees,
students, graduate students, and students who are employees of
a nonprofit educational institution;
(2) other users of their computer systems for whom
nonprofit educational institutions may be responsible;
(3) the unique nature of the relationship between nonprofit
educational institutions and faculty;
(4) what policies nonprofit educational institutions should
adopt regarding copyright infringement by users of their
computer systems;
(5) what technological measures are available to monitor
infringing uses;
(6) what monitoring of their computer systems by nonprofit
educational institutions is appropriate;
(7) what due process nonprofit educational institutions
should afford in disabling access by users of their computer
systems who are alleged to have committed copyright
infringement;
(8) what distinctions, if any, should be drawn between
computer systems which may be accessed from outside the
nonprofit educational systems, those which may not, and
combinations thereof;
(9) the tradition of academic freedom; and
(10) such other issues relating to the liability of
nonprofit educational institutions for copyright infringement
committed with the use of computer systems for which such an
institution is a service provider that the Register considers
appropriate.
SEC. 205. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
on the date of the enactment of this Act.
TITLE III--COMPUTER MAINTENANCE OR REPAIR
SEC. 301. LIMITATION ON EXCLUSIVE RIGHTS; COMPUTER PROGRAMS.
Section 117 of title 17, United States Code, is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) Making of Additional Copy or Adaptation by Owner of Copy.--
Notwithstanding'';
(2) by striking ``Any exact'' and inserting the following:
``(b) Lease, Sale, or Other Transfer of Additional Copy or
Adaptation.--Any exact''; and
(3) by adding at the end the following new subsections:
``(c) Machine Maintenance or Repair.--Notwithstanding the
provisions of section 106, it is not an infringement for an owner or
lessee of a machine to make or authorize the making of a copy of a
computer program if such copy is made solely by virtue of the
activation of a machine that lawfully contains an authorized copy of
the computer program, for purposes only of maintenance or repair of
that machine, if--
``(1) such new copy is used in no other manner and is
destroyed immediately after the maintenance or repair is
completed; and
``(2) with respect to any computer program or part thereof
that is not necessary for that machine to be activated, such
program or part thereof is not accessed or used other than to
make such new copy by virtue of the activation of the machine.
``(d) Definitions.--For purposes of this section--
``(1) the `maintenance' of a machine is the servicing of
the machine in order to make it work in accordance with its
original specifications and any changes to those specifications
authorized for that machine; and
``(2) the `repair' of a machine is the restoring of the
machine to the state of working in accordance with its original
specifications and any changes to those specifications
authorized for that machine.''.
TITLE IV--EPHEMERAL RECORDINGS; DISTANCE EDUCATION; EXEMPTION FOR
LIBRARIES AND ARCHIVES
SEC. 401. EPHEMERAL RECORDINGS.
Section 112 of title 17, United States Code, is amended by--
(1) redesignating section 112(a) as 112(a)(1), and
renumbering sections 112(a) (1), (2), and (3) as sections
112(a)(1) (A), (B), and (C), respectively;
(2) in section 112(a)(1), after the reference to section
114(a), add the words ``or for a transmitting organization that
is a broadcast radio or television station licensed as such by
the Federal Communications Commission that broadcasts a
performance of a sound recording in a digital format on a
nonsubscription basis,'';
(3) adding new section 112(a)(2) as follows:
``(2) Where a transmitting organization entitled to make a copy or
phonorecord under section 112(a)(1) in connection with the transmission
to the public of a performance or display of a work pursuant to that
section is prevented from making such copy or phonorecord by reason of
the application by the copyright owner of technical measures that
prevent the reproduction of the work, such copyright owner shall make
available to the transmitting organization the necessary means for
permitting the making of such copy or phonorecord within the meaning of
that section: Provided, That it is technologically feasible and
economically reasonable for the copyright owner to do so, and: Provided
further, That, if such copyright owner fails to do so in a timely
manner in light of the transmitting organization's reasonable business
requirements, the transmitting organization shall not be liable for a
violation of section 1201(a)(1) of this title for engaging in such
activities as are necessary to make such copies or phonorecords as
permitted under section 112(a)(1).''.
SEC. 402. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.
(a) Not later than six months after the date of enactment of this
Act, the Register of Copyrights, after consultation with
representatives of copyright owners, nonprofit educational institutions
and nonprofit libraries and archives, shall submit to the Congress
recommendations on how to promote distance education through digital
technologies, including interactive digital networks, while maintaining
an appropriate balance between the rights of copyright owners and the
needs of users. Such recommendations shall include any legislation the
Register of Copyrights considers appropriate to achieve the foregoing
objective.
(b) In formulating recommendations, the Register of Copyrights
shall consider--
(1) the need for an exemption from exclusive rights for
distance education through digital networks;
(2) the categories of works to be included under any
distance education exemption;
(3) the extent of appropriate quantitative limitations on
the portions of works that may be used under any distance
education exemption;
(4) the parties who should be entitled to the benefits of
any distance education exemption;
(5) the parties who should be designated as eligible
recipients of distance education materials under any distance
education exemption;
(6) whether and what types of technological measures can
and/or should be employed to safeguard against unauthorized
access to, and use or retention of, copyrighted materials as a
condition to eligibility for any distance education exemption,
including, in light of developing technological capabilities,
the exemption set out in section 110(2);
(7) the extent to which the availability of licenses for
the use of copyrighted works in distance education through
interactive digital networks should be considered in assessing
eligibility for any distance education exemption; and
(8) such other issues relating to distance education
through interactive digital networks that the Register
considers appropriate.
SEC. 403. EXEMPTION FOR LIBRARIES AND ARCHIVES.
Section 108 of title 17, United States Code, is amended--
(1) in subsection (a) by--
(A) striking ``Notwithstanding'' and inserting
``Except as otherwise provided and notwithstanding'';
(B) inserting after ``no more than one copy of
phonorecord of a work'' the following: ``except as
provided in subsections (b) and (c),''; and
(C) by inserting after ``copyright'' in paragraph
(3) the following: ``if such notice appears on the copy
or phonorecord that is reproduced under the provisions
of this section, or a legend stating that the work may
be protected by copyright if no such notice can be
found on the copy or phonorecord that is reproduced
under the provisions of this section'';
(2) in subsection (b) by--
(A) striking ``a copy or phonorecord'' and
inserting in lieu thereof ``three copies or
phonorecords'';
(B) striking ``in facsimile form''; and
(C) striking ``if the copy or phonorecord
reproduced is currently in the collections of the
library or archives.'' and inserting in lieu thereof
``if--
``(1) the copy or phonorecord reproduced is currently in
the collections of the library or archives; and
``(2) any such copy or phonorecord that is reproduced in
digital format is not otherwise distributed in that format and
is not made available to the public outside the premises of the
library or archives in that format.''; and
(3) in subsection (c) by--
(A) striking ``a copy or phonorecord'' and
inserting in lieu thereof ``three copies or
phonorecords'';
(B) striking ``in facsimile form'';
(C) inserting ``or if the existing format in which
the work is stored has become obsolete,'' after
``stolen,''; and
(D) striking ``if the library or archives has,
after a reasonable effort, determined that an unused
replacement cannot be obtained at a fair price.'' and
inserting in lieu thereof ``if--
``(1) the library or archives has, after a reasonable
effort, determined that an unused replacement cannot be
obtained at a fair price; and
``(2) any such copy or phonorecord that is reproduced in
digital format is not made available to the public in that
format except for use on the premises of the library or
archives in lawful possession of such copy.'';
(E) adding at the end the following: ``For purposes
of this subsection, a format shall be considered
obsolete if the machine or device necessary to render
perceptible a work stored in that format is no longer
manufactured or is no longer reasonably available in
the commercial marketplace.''.
Passed the Senate May 14, 1998.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 2037
_______________________________________________________________________
AN ACT
To amend title 17, United States Code, to implement the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty, to provide
limitations on copyright liability relating to material online, and for
other purposes.
S 2037 ES1S----2
S 2037 ES1S----3
S 2037 ES1S----4
S 2037 ES1S----5