[Congressional Record Volume 145, Number 9 (Wednesday, January 20, 1999)]
[Extensions of Remarks]
[Page E84]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               COLLECTIONS OF INFORMATION ANTIPIRACY ACT

                                 ______
                                 

                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                       Tuesday, January 19, 1999

  Mr. COBLE. Mr. Speaker, today I am proud to introduce the 
``Collections of Information Antipiracy Act,'' a bill to encourage 
continued investment in the production and distribution of valuable new 
collections of information.
  Electronic collections, and other collections of factual material, 
are absolutely indispensable to the American economy on the verge of 
the new century. These information products put a wealth of data at the 
fingertips of business people, professionals, scientists, scholars, and 
consumers, and enable them to retrieve from this haystack of 
information the specific factual needle that they need to solve a 
particular economic, research, or educational problem. Whether they 
focus on financial, scientific, legal, medical, bibliographic, news, or 
other information, collections of information are essential tools for 
improving productivity, advancing education and training, and creating 
a more informed citizenry. They are also the linchpins of a dynamic 
commercial information industry in the United States.
  Developing, compiling, distributing, and maintaining commercially 
significant collections requires substantial investments of time, 
personnel, and money. Information companies must dedicate massive 
resources when gathering and verifying factual material, presenting it 
in a user-friendly way, and keeping it current for and useful to 
customers. U.S. firms have been the world leaders in this field. They 
have brought to market a wide range of valuable collections of 
information that meet the information needs of businesses, 
professionals, researchers, and consumers worldwide. But several recent 
legal and technological developments threaten to cast a pall over this 
progress, by eroding the incentives for the continued investment needed 
to maintain and build upon the U.S. lead in world markets for 
electronic information resources.
  Producers are also concerned that several recent cases may also cast 
doubt on the ability of a proprietor to use contractual provisions to 
protect itself against unfair competition from such ``free riders.'' In 
cyberspace, technological developments represent a threat as well as an 
opportunity for collections of information, just as for other kinds of 
works. Copying factual material from another's proprietary collection, 
and rearranging it to form a competing information production--just the 
kind of behaviors that copyright protection may not effectively 
prevent--is cheaper and easier than ever through digital technology 
that is now in widespread use. More and more we are seeing actual 
instances where American companies fall victim to such piracy, or where 
they refrain from placing complete collections into the public 
discourse, for fear of piracy.
  When all these factors are added together, the bottom line is clear: 
it is time to consider new federal legislation to protect developers 
who place their materials in interstate commerce against piracy and 
unfair competition, and thus encourage continued investment in the 
production and distribution of valuable commercial collections of 
information.
  While copyright, on the federal level, and state contract law 
underlying licensing agreements remain essential tools for protecting 
the enormous investment in collections of information, there are gaps 
in the protection that can best be filled by a new federal statute 
which will complement copyright law. The ``Collections of Information 
Antipiracy Act'' would prohibit the misappropriation of valuable 
commercial collections of information by unscrupulous competitors who 
grab data collected by others, repackage it, and market a product that 
threatens competitive injury to the original collection. This new 
federal protection is modeled in part on the Lanham Act, which already 
makes similar kinds of unfair competition a civil wrong under federal 
law. Importantly, this bill maintains existing protections for 
collections of information afforded by copyright and contract rights. 
It is intended to supplement these legal rights, not replace them.

  Throughout the last session of Congress, we worked countless hours 
trying to fashion a bill that would be acceptable to all interested 
parties. Some would like to see stronger protections, while others 
advocate no legislation at all. I promise once again to listen to every 
constructive suggestion, and use every effort to craft a solution which 
bridges the producer and user communities. But I am committed to seeing 
this valuable legislation become law.
  While this bill is almost identical to the legislation which passed 
the House of Representatives last Congress, I have made changes to 
clarify and embody fair use, and to address the issue of perpetual 
protection. These two changes address key concerns voiced by the 
nonprofit scientific, educational, and research communities during our 
consideration last term.
  During the last Congress, we were able to pass the legislation 
through the House of Representatives not once, but twice. I look 
forward to working with Senator Orrin Hatch and Senator Patrick Leahy, 
who have indicated this necessary legislation will be a priority for 
them this legislative session. I also welcome the input of 
Representative Howard Berman, the new Ranking Member of the 
Subcommittee, as this legislation moves forward.
  The Collections of Information Antipiracy Act is a balanced proposal. 
It is aimed at actual or threatened competitive injury from 
misappropriation of collections of information or their contents, not 
at uses which do not affect marketability or competitiveness. The goal 
is to stimulate the creation of even more collections, and to encourage 
even more competition among them. The bill avoids conferring any 
monopoly on facts, or taking any other steps that might be inconsistent 
with these goals.
  This legislation provides the basis for legislative activity on an 
important and complex subject. I look forward to hearing the 
suggestions and reactions of interested parties, and of my colleagues.

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