A bill to amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of a single copy of such performances or displays is not an infringement, and for other purposes.
Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures that reasonably prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.
Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.
Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.
Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.
Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process.
Became Public Law No: 107-273.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. With written report No. 107-31.
Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. With written report No. 107-31.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 66.
Measure laid before Senate. (consideration: CR S5988-5995; text of measure as reported in Senate: CR S5598 )
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 0.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Reported by the Committee on Judiciary. H. Rept. 107-687.
Reported by the Committee on Judiciary. H. Rept. 107-687.
Placed on the Union Calendar, Calendar No. 425.
For Further Action See H.R.2215.