[Weekly Compilation of Presidential Documents Volume 34, Number 44 (Monday, November 2, 1998)]
[Pages 2168-2169]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on Signing the Digital Millennium Copyright Act

October 28, 1998

    Today I am pleased to sign into law H.R. 2281, the ``Digital 
Millennium Copyright Act.'' This Act implements two landmark treaties 
that were successfully negotiated by my Administration in 1996 and to 
which the Senate gave its advice and consent to ratification on October 
21, 1998. The Act also limits the liability of online service providers 
for copyright infringement under certain conditions.

[[Page 2169]]

    The World Intellectual Property Organization (WIPO) Copyright Treaty 
and the WIPO Performances and Phonogram Treaty mark the most extensive 
revision of international copyright law in over 25 years. The treaties 
will grant writers, artists, and other creators of copyrighted material 
global protection from piracy in the digital age.
    These treaties will become effective at a time when technological 
innovations present us with great opportunities for the global 
distribution of copyrighted works. These same technologies, however, 
make it possible to pirate copyrighted works on a global scale with a 
single keystroke. The WIPO treaties set clear and firm standards--
obligating signatory countries to provide ``adequate legal protection'' 
and ``effective legal remedies'' against circumvention of certain 
technologies that copyright owners use to protect their works, and 
against violation of the integrity of copyright management information. 
This Act implements those standards, carefully balancing the interests 
of both copyright owners and users.
    I am advised by the Department of Justice that certain provisions of 
H.R. 2281 and the accompanying Conference Report regarding the Register 
of Copyrights raise serious constitutional concerns. Contrary to 
assertions in the Conference Report, the Copyright Office is, for 
constitutional purposes, an executive branch entity. Accordingly, the 
Congress may exercise its constitutionally legitimate oversight powers 
to require the Copyright Office to provide information relevant to the 
legislative process. However, to direct that Office's operations, the 
Congress must act in accord with the requirements of bicameralism and 
presentment prescribed in Article I of the Constitution. Further, the 
Congress may not require the Register to act in a manner that would 
impinge upon or undermine the President's discretion under Article II, 
section 3 of the Constitution to determine which, if any, executive 
branch recommendations to the Congress would be ``necessary and 
expedient.'' Accordingly, I will construe sections 103(a), 104(b), 
401(b), and 403(a) of H.R. 2281 to require the Register to perform 
duties only insofar as such requirements are consistent with these 
constitutional principles.
    From the efforts of the Assistant Secretary of Commerce and 
Commissioner of Patents and Trademarks who acted as the lead negotiator 
for these treaties, to the agreement reached by interests affected by 
online service provider liability, to the improvements added by two 
House Committees and one Senate Committee, this Act reflects the 
diligence and talents of a great many people. Through enactment of the 
Digital Millennium Copyright Act, we have done our best to protect from 
digital piracy the copyright industries that comprise the leading export 
of the United States.
                                            William J. Clinton
The White House,
October 28, 1998.

Note: H.R. 2281, approved October 28, was assigned Public Law No. 105-
304. An original was not available for verification of the content of 
this statement.