3.0.0 990 2023-01-11T13:27:22Z 2023-01-11T13:27:22Z Senate S 2015-04-16 114 ssju00 Judiciary Committee Senate Standing Referred to 2015-04-16T19:32:28Z Breaking Down Barriers to Innovation Act of 2015 114 1883 HR 2015-05-15 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. Identical bill CRS 2015-04-16 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2015-04-16 Introduced in Senate IntroReferral 10000 9 Library of Congress W000779 Sen. Wyden, Ron [D-OR] Ron Wyden D OR N Commerce Administrative law and regulatory procedures Computers and information technology Congressional oversight Disability and paralysis Government studies and investigations Intellectual property Commerce 00 2015-04-16 Introduced in Senate 2015-05-27T18:37:14Z Breaking Down Barriers to Innovation Act of 2015

Revises procedures established under the Digital Millennium Copyright Act for the Librarian of Congress to conduct an administrative rulemaking every three years to determine whether to exempt certain noninfringing uses of a copyrighted work from the statutory prohibition on circumventing a technological measure controlling access to a particular class of work.

Requires the Librarian, when evaluating whether to allow an administrative exemption, to consider the impact of the circumvention prohibition on: (1) any reduction in the availability for use of copyrighted works; (2) repairs, recycling, or other fair uses when applied to copyrighted works, as well as access to information not subject to copyright protection; (3) accessibility of works and technologies for persons with disabilities; and (4) security research.

Prohibits the Librarian from placing the burden of proof on the proponent of an exemption. Requires consideration of the totality of the evidence.

Allows the Librarian to make administrative exemption determinations through rulemaking proceedings outside of the three-year review process if it is substantially likely that users of a copyrighted work are, or are likely to be in the succeeding three-year period, adversely affected by virtue of the prohibition in their ability to make noninfringing uses.

Requires the Librarian to automatically renew for an ensuing three-year period any exemptions granted under a rulemaking unless, as a result of changed circumstances, it is unlikely that users are adversely affected by the prohibition.

Establishes a presumption that users are likely to be adversely affected if a technological measure inhibits noninfringing uses that improve accessibility of works or technologies for persons with disabilities.

Expands existing statutory exceptions by removing certain restrictions and conditions that apply to permissible circumventions for:

  • reverse engineering to achieve interoperability of an independently created computer program with other programs;
  • encryption research on copies, phonorecords, performances, or displays of a published work;
  • activities to prevent the collection or dissemination of personally identifying information about a natural person; or
  • authorized security testing on computer systems or networks.
]]> Breaking Down Barriers to Innovation Act of 2015 Display Title Breaking Down Barriers to Innovation Act of 2015 Official Title as Introduced A bill to improve the process by which the Librarian of Congress considers requests for exemptions to section 1201(a)(1)(A) of title 17, United States Code, and to ease restrictions on the use of certain statutory exemptions to the Digital Millennium Copyright Act. Introduced in Senate IS Short Titles as Introduced Breaking Down Barriers to Innovation Act of 2015 Introduced in Senate 2015-04-16T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s990is/xml/BILLS-114s990is.xml 2015-04-16 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.