[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5211 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5211
To amend title 17, United States Code, to limit the liability of
copyright owners for protecting their works on peer-to-peer networks.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2002
Mr. Berman (for himself, Mr. Coble, Mr. Smith of Texas, and Mr. Wexler)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to limit the liability of
copyright owners for protecting their works on peer-to-peer networks.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON LIABILITY FOR PROTECTION OF COPYRIGHTED WORKS
ON PEER-TO-PEER NETWORKS.
(a) In General.--Chapter 5 of title 17, United States Code, is
amended by adding at the end the following new section:
``Sec. 514. Remedies for infringement: use of technologies to prevent
infringement of copyrighted works on peer-to-peer
computer networks
``(a) In General.--Notwithstanding any State or Federal statute or
other law, and subject to the limitations set forth in subsections (b)
and (c), a copyright owner shall not be liable in any criminal or civil
action for disabling, interfering with, blocking, diverting, or
otherwise impairing the unauthorized distribution, display,
performance, or reproduction of his or her copyrighted work on a
publicly accessible peer-to-peer file trading network, if such
impairment does not, without authorization, alter, delete, or otherwise
impair the integrity of any computer file or data residing on the
computer of a file trader.
``(b) Exceptions.--Subsection (a) shall not apply to a copyright
owner in a case in which--
``(1) in the course of taking an action permitted by
subsection (a), the copyright owner--
``(A) impairs the availability within a publicly
accessible peer-to-peer file trading network of a
computer file or data that does not contain a work, or
portion thereof, in which the copyright owner has an
exclusive right granted under section 106, except as
may be reasonably necessary to impair the distribution,
display, performance, or reproduction of such a work,
or portion thereof, in violation of any of the
exclusive rights of the copyright owner under section
106;
``(B) causes economic loss to any person other than
affected file traders; or
``(C) causes economic loss of more than $50.00 per
impairment to the property of the affected file trader,
other than economic loss involving computer files or
data made available through a publicly accessible peer-
to-peer file trading network that contain works in
which the owner has an exclusive right granted under
section 106; or
``(2) the copyright owner fails to comply with the
requirements of subsection (c).
``(c) Notification Requirement.--(1) A copyright owner shall not be
liable under subsection (a) for an act to which subsection (a) applies
only if--
``(A) the copyright owner has notified the Department of
Justice, in such manner as the Attorney General shall specify,
of the specific technologies the copyright owner intends to use
to impair the unauthorized distribution, display, performance,
or reproduction of the owner's copyrighted works over a
publicly accessible peer-to-peer file trading network; and
``(B) the notification under paragraph (1) was made at
least 7 days before the copyright owner engaged in the act.
``(2) At the request of an affected file trader or the assignee of
an Internet Protocol address used by an affected file trader, a
copyright owner shall provide notice to the affected file trader or
assignee (as the case may be) of--
``(A) the reason for impairing trading in the computer file
or data containing the copyrighted work of the copyright owner;
``(B) the name and address of the copyright owner; and
``(C) the right of the affected file trader to bring an
action described in subsection (d).
``(3) The notification by a copyright owner under paragraph (1)
shall not be construed for any purpose as an admission of an unlawful
act.
``(d) Cause of Action for Wrongful Impairment.--(1) If, pursuant to
the authority provided by subsection (a), a copyright owner knowingly
and intentionally impairs the distribution, display, performance, or
reproduction of a particular computer file or data, and has no
reasonable basis to believe that such distribution, display,
performance, or reproduction constitutes an infringement of copyright,
and an affected file trader suffers economic loss in excess of $250 as
a result of the act by the copyright owner, the affected file trader
may seek compensation for such economic loss in accordance with the
following:
``(A) The affected file trader may file a claim for such
compensation with the Attorney General not later than 1 year
after the date on which the claim accrues. The Attorney General
shall, not later than 10 days after the claim is filed, serve
notice of the claim on the copyright owner against whom the
claim is brought, and shall investigate the claim. The claim
shall be in writing under oath or affirmation and shall contain
such information and be in such form as the Attorney General
requires. The claim shall not be made public by the Attorney
General.
``(B) If the Attorney General determines after such
investigation that there is not reasonable cause to believe
that the facts alleged in the claim are true, the Attorney
General shall dismiss the claim and promptly notify the
affected file trader and the copyright owner against whom the
claim is brought of the Attorney General's action.
``(C) If the Attorney General determines after such
investigation that there is reasonable cause to believe that
the facts alleged in the claim are true, the Attorney General
shall promptly notify the affected file trader and the
copyright owner of the Attorney General's determination.
``(D) The Attorney General shall make the determination on
reasonable cause as promptly as possible, but in no case later
than 120 days after the date on which the claim is filed.
``(E) The affected file trader may seek compensation for
the economic loss that is the subject of the claim, plus
reasonable attorney's fees, in the appropriate United States
district court by filing an action in such court--
``(i) not later than 60 days after being notified
of the Attorney General's determination under
subparagraph (C); or
``(ii) if the Attorney General has not made a
determination on the claim within the 120-day period
specified in subparagraph (D), not later than 60 days
after the end of that 120-day period.
``(2) The cause of action established by this subsection shall only
be available as a remedy against impairing actions that would not be
lawful but for subsection (a).
``(e) Suits by United States.--The Attorney General of the United
States may seek injunctive relief in the appropriate United States
district court to prevent a copyright owner from engaging in impairing
activities that would not be lawful but for subsection (a) if that
owner has engaged in a pattern or practice of impairing the
distribution, display, performance, or reproduction of computer files
or data without a reasonable basis to believe that infringement of
copyright has occurred.
``(f) Construction With Other Statutes.--(1) Nothing in this
section shall be construed as limiting the authority of a copyright
owner to take any otherwise lawful action to enforce any of the
exclusive rights granted by section 106.
``(2) Nothing in this section shall limit any remedies available to
a person under section 1030 of title 18, or under any other State or
Federal statute or any other law, against a copyright owner who fails
to qualify for the protections afforded under subsection (a).
``(3) Actions taken by a copyright owner pursuant to subsection (a)
shall not be considered by a court for any other purpose under this
title, including in determining whether a particular use of a work is
infringing.
``(g) Nondisclosure of Information.--Information contained in any
notification under subsection (c)(1)(A) may not be made available to
the public under section 552 of title 5.
``(h) Definitions.--In this section--
``(1) the term `economic loss' means monetary costs only;
``(2) `peer-to-peer file trading network' means two or more
computers which are connected by computer software that--
``(A) is primarily designed to--
``(i) enable the connected computers to
transmit files or data to other connected
computers;
``(ii) enable the connected computers to
request the transmission of files or data from
other connected computers; and
``(iii) enable the designation of files or
data on the connected computers as available
for transmission; and
``(B) does not permanently route all file or data
inquiries or searches through a designated, central
computer located in the United States;
``(3) a peer-to-peer file trading network is `publicly
accessible' if--
``(A) participation in the network is substantially
open to the public; and
``(B) the network enables the transmission of
computer files or data over the Internet or any other
public network of computers;
``(4) the term `file trader' means an individual who is
utilizing a publicly accessible, peer-to-peer file trading
network to transmit, make available for transmission, or
download computer files or data, or the owner of a computer
that is connected to a publicly accessible, peer-to-peer file
trading network and is engaged in the transmission of computer
files or data through the peer-to-peer file trading network;
``(5) the term `distribution', in the case of a computer
connected to a peer-to-peer file trading network, includes the
placement of a computer file or data in an area of a computer
that is accessible to other computers connected to the peer-to-
peer file trading network; and
``(6) the term `copyright owner' means a legal or
beneficial owner of an exclusive right under section 106 and
any party authorized to act on the owner's behalf.''.
(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 new item:
``514. Remedies for infringement: use of technologies to prevent
infringement of copyrighted works on peer-
to-peer computer networks.''.
<all>