[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1201 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1201

   To amend title 17, United States Code, to promote innovation, to 
   encourage the introduction of new technology, to enhance library 
preservation efforts, and to protect the fair use rights of consumers, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2007

    Mr. Boucher (for himself, Mr. Doolittle, and Ms. Zoe Lofgren of 
 California) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 17, United States Code, to promote innovation, to 
   encourage the introduction of new technology, to enhance library 
preservation efforts, and to protect the fair use rights of consumers, 
                        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 ``Freedom and Innovation Revitalizing 
U.S. Entrepreneurship Act of 2007''.

SEC. 2. COPYRIGHT INFRINGEMENT.

    (a) Statutory Damages Adjustment.--Section 504(c)(2) of title 17, 
United States Code, is amended by adding at the end the following: 
``The court shall remit statutory damages for secondary infringement, 
except in a case in which the copyright owner sustains the burden of 
proving, and the court finds, that the act or acts constituting such 
secondary infringement were done under circumstances in which no 
reasonable person could have believed such conduct to be lawful.''
    (b) Codification of Supreme Court Precedent Applicable to Hardware 
Devices.--Section 501 of title 17, United States Code, is amended by 
adding at the end the following:
    ``(g) Certain Hardware Devices.--No person shall be liable for 
copyright infringement based on the design, manufacture, or 
distribution of a hardware device or of a component of the device if 
the device is capable of substantial, commercially significant 
noninfringing use.''.

SEC. 3. DMCA AMENDMENTS.

    (a) Codification of Determination of Librarian of Congress.--
Section 1201(a)(1) of title 17, United States Code, is amended by 
adding at the end the following new subparagraph:
    ``(F) The prohibition contained in subparagraph (A) shall not apply 
to a person by reason of that person's engaging in a noninfringing use 
of any of the 6 classes of copyrighted works set forth in the 
determination of the Librarian of Congress in Docket No. RM 2005-11, as 
published as a final rule by the Copyright Office, Library of Congress, 
effective November 27, 2006 (71 FR 68472 (Nov. 27, 2006)).''.
    (b) Extension of Determinations of Librarian of Congress.--Section 
1201(a)(1) of title 17, United States Code, is amended by adding at the 
end the following new subparagraph:
    ``(G) The prohibition contained in subparagraph (A) shall not apply 
to--
            ``(i) an act of circumvention that is carried out solely 
        for the purpose of making a compilation of portions of 
        audiovisual works in the collection of a library or archives 
        for educational use in a classroom by an instructor;
            ``(ii) an act of circumvention that is carried out solely 
        for the purpose of enabling a person to skip past or to avoid 
        commercial or personally objectionable content in an 
        audiovisual work;
            ``(iii) an act of circumvention that is carried out solely 
        for the purpose of enabling a person to transmit a work over a 
        home or personal network, except that this exemption does not 
        apply to the circumvention of a technological measure to the 
        extent that it prevents uploading of the work to the Internet 
        for mass, indiscriminate redistribution;
            ``(iv) an act of circumvention that is carried out solely 
        for the purpose of gaining access to one or more works in the 
        public domain that are included in a compilation consisting 
        primarily of works in the public domain;
            ``(v) an act of circumvention that is carried out to gain 
        access to a work of substantial public interest solely for 
        purposes of criticism, comment, news reporting, scholarship, or 
        research; or
            ``(vi) an act of circumvention that is carried out solely 
        for the purpose of enabling a library or archives meeting the 
        requirements of section 108(a)(2), with respect to works 
        included in its collection, to preserve or secure a copy or to 
        replace a copy that is damaged, deteriorating, lost, or 
        stolen.''.
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