[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 487 Reported in Senate (RS)]
Calendar No. 66
107th CONGRESS
1st Session
S. 487
[Report No. 107-31]
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
June 5, 2001
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Technology, Education and
Copyright Harmonization Act of 2001''.</DELETED>
<DELETED>SEC. 2. EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS FOR
EDUCATIONAL USES.</DELETED>
<DELETED> Section 110(2) of title 17, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking the matter preceding subparagraph
(A) and inserting the following:</DELETED>
<DELETED> ``(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--'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (3) by striking subparagraph (C) and inserting the
following:</DELETED>
<DELETED> ``(C) the transmission is made solely for,
and, to the extent technologically feasible, the
reception of such transmission is limited to--
</DELETED>
<DELETED> ``(i) students officially enrolled
in the course for which the transmission is
made; or</DELETED>
<DELETED> ``(ii) officers or employees of
governmental bodies as part of their official
duties or employment; and''; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(D) any transient copies are retained
for no longer than reasonably necessary to complete the
transmission; and</DELETED>
<DELETED> ``(E) the transmitting body or
institution--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. EPHEMERAL RECORDINGS.</DELETED>
<DELETED> (a) In General.--Section 112 of title 17, United States
Code, is amended--</DELETED>
<DELETED> (1) by redesignating subsection (f) as subsection
(g); and</DELETED>
<DELETED> (2) by inserting after subsection (e) the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(2) such copies or phonorecords are used solely
for transmissions authorized under section 110(2);
and</DELETED>
<DELETED> ``(3) the body or institution does not
intentionally interfere with technological measures used by the
copyright owner to protect the work.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED>SEC. 4. IMPLEMENTATION BY COPYRIGHT OFFICE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) licensing by private and public educational
institutions of copyrighted works for digital distance
education programs, including--</DELETED>
<DELETED> (A) live interactive distance learning
classes;</DELETED>
<DELETED> (B) faculty instruction recorded without
students present for later transmission; and</DELETED>
<DELETED> (C) asynchronous delivery of distance
learning over computer networks; and</DELETED>
<DELETED> (2) the use of copyrighted works in such
programs.</DELETED>
<DELETED> (b) Conference.--Not later than 2 years after the date of
enactment of this Act, the Copyright Office shall--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) post such guidelines on an Internet website
for educators, copyright owners, libraries, and other
interested persons.</DELETED>
SECTION 1. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) Short Title.--This Act may be cited as the ``Technology,
Education, and Copyright Harmonization Act of 2001''.
(b) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body or accredited
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 in an amount
comparable to that which is typically displayed in the course
of a live classroom session, by or in the course of a
transmission, if--
``(A) the performance or display is made by, 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 educational institution;
``(B) the performance or display is directly
related and of material assistance to the teaching
content of the transmission;
``(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 a part of their official
duties or employment; and
``(D) 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--
``(I) applies technological
measures that, in the ordinary course
of their operations, prevent--
``(aa) retention of the
work in accessible form by
recipients of the transmission
from the transmitting body or
institution for longer than the
class session; and
``(bb) unauthorized further
dissemination of the work in
accessible form by such
recipients to others; and
``(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent
such retention or unauthorized further
dissemination;''; and
(2) by adding at the end the following:
``In paragraph (2), the term `mediated instructional
activities' with respect to the performance or display of a
work by digital transmission under this section refers to
activities that use such work as an integral part of the class
experience, controlled by or under the actual supervision of
the instructor and analogous to the type of performance or
display that would take place in a live classroom setting. The
term does not refer to activities that use, in 1 or more class
sessions of a single course, such works as textbooks, course
packs, or other material in any media, copies or phonorecords
of which are typically purchased or acquired by the students in
higher education for their independent use and retention or are
typically purchased or acquired for elementary and secondary
students for their possession and independent use.
``For purposes of paragraph (2), accreditation--
``(A) with respect to an institution providing
post-secondary education, shall be as determined by a
regional or national accrediting agency recognized by
the Council on Higher Education Accreditation or the
United States Department of Education; and
``(B) with respect to an institution providing
elementary or secondary education, shall be as
recognized by the applicable state certification or
licensing procedures.
``For purposes of paragraph (2), no governmental body or
accredited nonprofit educational institution shall be liable
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 as authorized under paragraph (2). No such
material stored on the system or network controlled or operated
by the transmitting body or institution under this paragraph
shall be maintained on such system or network in a manner
ordinarily accessible to anyone other than anticipated
recipients. No such copy shall be maintained on the system or
network in a manner ordinarily accessible to such anticipated
recipients for a longer period than is reasonably necessary to
facilitate the transmissions for which it was made.''.
(c) Ephemeral Recordings.--
(1) In general.--Section 112 of title 17, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
``(f)(1) 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 under section 110(2) to transmit a performance or
display to make copies or phonorecords of a work that is in digital
form and, solely to the extent permitted in paragraph (2), of a work
that is in analog form, embodying the performance or display to be used
for making transmissions authorized under section 110(2), if--
``(A) 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); and
``(B) such copies or phonorecords are used solely for
transmissions authorized under section 110(2).
``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section
110(2), if--
``(A) no digital version of the work is available to the
institution; or
``(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).''.
(2) 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)''.
(d) Patent and Trademark Office Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and after a period for public comment,
the Undersecretary of Commerce for Intellectual Property, after
consultation with the Register of Copyrights, shall submit to
the Committees on the Judiciary of the Senate and the House of
Representatives a report describing 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. The report submitted to the
Committees shall not include any recommendations, comparisons,
or comparative assessments of any commercially available
products that may be mentioned in the report.
(2) Limitations.--The report under this subsection--
(A) is intended solely to provide information to
Congress; and
(B) shall not be construed to affect in any way,
either directly or by implication, any provision of
title 17, United States Code, including the
requirements of clause (ii) of section 110(2)(D) of
that title (as added by this Act), or the
interpretation or application of such provisions,
including evaluation of the compliance with that clause
by any governmental body or nonprofit educational
institution.
Calendar No. 66
107th CONGRESS
1st Session
S. 487
[Report No. 107-31]
_______________________________________________________________________
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.
_______________________________________________________________________
June 5, 2001
Reported with an amendment