[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 487
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2001
Mr. Hatch (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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.
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 ``Technology, Education and Copyright
Harmonization Act of 2001''.
SEC. 2. EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS FOR EDUCATIONAL
USES.
Section 110(2) of title 17, United States Code, is amended--
(1) by striking the matter preceding subparagraph (A) and
inserting the following:
``(2) except with respect to a work produced primarily for
instructional use or a performance or display that is given by
means of a copy that is not lawfully made and acquired under
this title, and the transmitting governmental body or nonprofit
educational institution knew or had reason to believe was not
lawfully made and acquired, the performance of a nondramatic
literary or musical work or reasonable and limited portions of
any other work, or display of a work, by or in the course of a
transmission, reproduction of such work in transient copies or
phonorecords created as a part of the automatic technical
process of a digital transmission, and distribution of such
copies or phonorecords in the course of such transmission, to
the extent technologically necessary to transmit the
performance or display, if--'';
(2) in subparagraph (A) by striking all beginning with
``the performance'' through ``regular'' and inserting the
following: ``the performance or display is made by or at the
direction of an instructor as an integral part of a class
session offered as a regular'';
(3) by striking subparagraph (C) and inserting the
following:
``(C) the transmission is made solely for, and, to
the extent technologically feasible, the reception of
such transmission is limited to--
``(i) students officially enrolled in the
course for which the transmission is made; or
``(ii) officers or employees of
governmental bodies as part of their official
duties or employment; and''; and
(4) by adding at the end the following:
``(D) any transient copies are retained for no
longer than reasonably necessary to complete the
transmission; and
``(E) the transmitting body or institution--
``(i) institutes policies regarding
copyright, provides informational materials to
faculty, students, and relevant staff members
that accurately describe, and promote
compliance with, the laws of the United States
relating to copyright, and provides notice to
students that materials used in connection with
the course may be subject to copyright
protection; and
``(ii) in the case of digital
transmissions, applies technological measures
that reasonably prevent unauthorized access to
and dissemination of the work, and does not
intentionally interfere with technological
measures used by the copyright owner to protect
the work.''.
SEC. 3. EPHEMERAL RECORDINGS.
(a) In General.--Section 112 of title 17, United States Code, is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body or other nonprofit educational
institution entitled to transmit a performance or display of a work
that is in digital form under section 110(2) to make copies or
phonorecords embodying the performance or display to be used for making
transmissions authorized under section 110(2), if--
``(1) such copies or phonorecords are retained and used
solely by the body or institution that made them, and no
further copies or phonorecords are reproduced from them, except
as authorized under section 110(2);
``(2) such copies or phonorecords are used solely for
transmissions authorized under section 110(2); and
``(3) the body or institution does not intentionally
interfere with technological measures used by the copyright
owner to protect the work.''.
(b) Technical and Conforming Amendment.--Section 802(c) of title
17, United States Code, is amended in the third sentence by striking
``section 112(f)'' and inserting ``section 112(g)''.
SEC. 4. IMPLEMENTATION BY COPYRIGHT OFFICE.
(a) Report.--Not later than 2 years after the date of enactment of
this Act, the Copyright Office shall conduct a study and submit a
report to Congress on the status of--
(1) licensing by private and public educational
institutions of copyrighted works for digital distance
education programs, including--
(A) live interactive distance learning classes;
(B) faculty instruction recorded without students
present for later transmission; and
(C) asynchronous delivery of distance learning over
computer networks; and
(2) the use of copyrighted works in such programs.
(b) Conference.--Not later than 2 years after the date of enactment
of this Act, the Copyright Office shall--
(1) convene a conference of interested parties, including
representatives of copyright owners, nonprofit educational
institutions and nonprofit libraries and archives to develop
guidelines for the use of copyrighted works for digital
distance education under the fair use doctrine and section 110
(1) and (2) of title 17, United States Code;
(2) to the extent the Copyright Office determines
appropriate, submit to the Committees on the Judiciary of the
Senate and the House of Representatives such guidelines, along
with information on the organizations, Government agencies, and
institutions participating in the guideline development and
endorsing the guidelines; and
(3) post such guidelines on an Internet website for
educators, copyright owners, libraries, and other interested
persons.
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