--H.R.2281--

H.R.2281

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

An Act

To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. TABLE OF CONTENTS.

TITLE I--WIPO TREATIES IMPLEMENTATION

TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION

TITLE III--COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION

TITLE IV--MISCELLANEOUS PROVISIONS

TITLE V--PROTECTION OF CERTAIN ORIGINAL DESIGNS

TITLE I--WIPO TREATIES IMPLEMENTATION

SEC. 101. SHORT TITLE.

SEC. 102. TECHNICAL AMENDMENTS.

SEC. 103. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT INFORMATION.

`CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

`Sec.

`Sec. 1201. Circumvention of copyright protection systems

`Sec. 1202. Integrity of copyright management information

`Sec. 1203. Civil remedies

`Sec. 1204. Criminal offenses and penalties

`Sec. 1205. Savings clause

1201'.

SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMENDMENTS ON ELECTRONIC COMMERCE AND TECHNOLOGICAL DEVELOPMENT.

SEC. 105. EFFECTIVE DATE.

TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION

SEC. 201. SHORT TITLE.

SEC. 202. LIMITATIONS ON LIABILITY FOR COPYRIGHT INFRINGEMENT.

`Sec. 512. Limitations on liability relating to material online

SEC. 203. EFFECTIVE DATE.

TITLE III--COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION

SEC. 301. SHORT TITLE.

SEC. 302. LIMITATIONS ON EXCLUSIVE RIGHTS; COMPUTER PROGRAMS.

TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND TRADEMARKS AND THE REGISTER OF COPYRIGHTS

SEC. 402. EPHEMERAL RECORDINGS.

SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.

SEC. 404. EXEMPTION FOR LIBRARIES AND ARCHIVES.

SEC. 405. SCOPE OF EXCLUSIVE RIGHTS IN SOUND RECORDINGS; EPHEMERAL RECORDINGS.

`(aa) in digital format that regularly exceed the sound recording performance complement; or

`(bb) in analog format, a substantial portion of which, on a weekly basis, exceed the sound recording performance complement; and

`(aa) more than 3 times in any 2-week period that have been publicly announced in advance, in the case of a program of less than 1 hour in duration, or

`(bb) more than 4 times in any 2-week period that have been publicly announced in advance, in the case of a program of 1 hour or more in duration,

SEC. 406. ASSUMPTION OF CONTRACTUAL OBLIGATIONS RELATED TO TRANSFERS OF RIGHTS IN MOTION PICTURES.

`CHAPTER 180--ASSUMPTION OF CERTAIN CONTRACTUAL OBLIGATIONS

`Sec. 4001. Assumption of contractual obligations related to transfers of rights in motion pictures

4001'.

SEC. 407. EFFECTIVE DATE.

TITLE V--PROTECTION OF CERTAIN ORIGINAL DESIGNS

SEC. 501. SHORT TITLE.

SEC. 502. PROTECTION OF CERTAIN ORIGINAL DESIGNS.

`CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS

`Sec. 1301. Designs protected

`Sec. 1302. Designs not subject to protection

`Sec. 1303. Revisions, adaptations, and rearrangements

`Sec. 1304. Commencement of protection

`Sec. 1305. Term of protection

`Sec. 1306. Design notice

`Sec. 1307. Effect of omission of notice

`Sec. 1308. Exclusive rights

`Sec. 1309. Infringement

`Sec. 1310. Application for registration

`Sec. 1311. Benefit of earlier filing date in foreign country

`Sec. 1312. Oaths and acknowledgments

`Sec. 1313. Examination of application and issue or refusal of registration

`Sec. 1314. Certification of registration

`Sec. 1315. Publication of announcements and indexes

`Sec. 1316. Fees

`Sec. 1317. Regulations

`Sec. 1318. Copies of records

`Sec. 1319. Correction of errors in certificates

`Sec. 1320. Ownership and transfer

`Sec. 1321. Remedy for infringement

Sec. 1322. Injunctions

`Sec. 1323. Recovery for infringement

`Sec. 1324. Power of court over registration

`Sec. 1325. Liability for action on registration fraudulently obtained

`Sec. 1326. Penalty for false marking

`Sec. 1327. Penalty for false representation

`Sec. 1328. Enforcement by Treasury and Postal Service

`Sec. 1329. Relation to design patent law

`Sec. 1330. Common law and other rights unaffected

`Sec. 1331. Administrator; Office of the Administrator

`Sec. 1332. No retroactive effect

SEC. 503. CONFORMING AMENDMENTS.

1301'.

`Patents and copyrights, mask works, and designs'.

SEC. 504. JOINT STUDY OF THE EFFECT OF THIS TITLE.

SEC. 505. EFFECTIVE DATE.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

END