[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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