DETAIL on Boucher/Campbell Copyright Bill

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Message-Id: <v02130504b096338c8933@[192.100.21.23]>
Date: Mon, 17 Nov 1997 12:53:42 -0500
To: ninch-announce@cni.org
From: david@ninch.org (David Green)
Subject: DETAIL on Boucher/Campbell Copyright Bill


Following the NINCH ANNOUNCEMENT this morning, here is the FULL TEXT of
a press release from Rep.  Rick Boucher's office, for those of you
interested. 



PRESS RELEASE FROM  CONGRESSMAN RICK BOUCHER
November 14, 1997
Contact: Sharon Ringley (202) 225-3861


    BOUCHER AND CAMPBELL INTRODUCE COMPREHENSIVE COPYRIGHT LEGISLATION


        (Washington, D.C.) --U.S. Representative Rick Boucher (D-VA) 
and Representative Tom Campbell (R-CA) have introduced the first
comprehensive House bill to update the Copyright Act for the digital
age.

         The Digital Era Copyright Enhancement Act will implement two
international copyright treaties, enhance distance learning for students
throughout the United States, firmly recognize the doctrines of First
Sale and Fair Use for the digital era and foster the continued growth of
the Internet.  "This legislation provides an historic opportunity for
Congress to enact a comprehensive set of reforms to modernize our
copyright law in a way that will spur creativity, advance the frontiers
of education, and promote technological innovation," Boucher said upon
introduction of the legislation.


        Commenting on practical applications of the bill,  Campbell 
said: "Educators should be able to use computers in the same way they
currently use televisions to foster distance learning, and librarians
should be able to use the latest technology to preserve and to share
great works of literature and scientific discoveries with their patrons. 
Through enactment of our measure they will enjoy the benefits of new
digital technology in the same way they historically have enjoyed
advances in technology throughout the analog era."

        The  bill  has  its  genesis  in  the  negotiation  of  two
international copyright treaties last December under the auspices of the
World Intellectual Property Organization (WIPO).  Earlier this year, at
the request of the Administration, legislation was introduced to
implement the two treaties.  That legislation only addresses copyright
provisions in the WIPO treaties and does not provide a forum for a
discussion of the broader copyright changes which the advent of digital
technology will require.  The Boucher/Campbell bill provides a single,
comprehensive approach that seeks to balance the interests of copyright
owners and users of copyrighted works.  In addition to implementing the
treaties,  the bill also contains Fair Use, First Sale and distance
learning provisions.

        **Section 1201 (Circumvention).** The legislation proposed by the
Administration to implement the WIPO treaties includes a device-oriented
approach to stemming copyright infringement.  This approach was rejected
by the delegates at the WIPO negotiations.  Compelling testimony offered
before the Intellectual Property Subcommittee stated that the approach
of the Administration's bill would stifle the introduction of new
technology and would effectively overturn the long-settled law of the
United States regarding infringing and non-infringing uses. 

          "Because of my reservations about the implications of the
Administration's approach for digital technologies with a focus on
controlling so-called "circumvention devices," our legislation attempts
to address the legitimate concerns of copyright owners by focusing
instead on infringing conduct," Boucher explained.  As proposed in the
Boucher/Campbell bill, this new section 1201 would create liability for
the person who, for purposes of facilitating or engaging in an act of
infringement,  knowingly circumvents the operation of an effective
technological measure used by a copyright owner to preclude or limit
reproduction of a work in a digital format.

        **Copyright Management Information** To address a second
international treaty matter, the bill creates liability for a person who
knowingly provides false copyright management information or removes or
alters copyright management information without the authority of the
copyright owner, and with the intent to mislead or induce or facilitate
infringement.  To assure privacy protection, the bill explicitly
excludes from the definition of copyright management information any
personally identifiable information relating to the user of a work. 

        **Fair Use** The legislation makes clear that the Fair Use
doctrine in the copyright law -- which generally preserves the ability
of users, including libraries, teachers and scholars, to make limited,
noncommercial use of copyrighted works -- continues to apply with full
force in the digital networked environment. 

        **First Sale** Given the historical importance to librarians,
scholars, educators, and consumers of transferring to others lawfully
acquired copies of works, the bill offers assurances of the continued
applicability in the digital environment of the First Sale doctrine. 
The bill will permit electronic transmission of a lawfully acquired
digital copy of a work as long as the person making the transfer
eliminates (e.g.  erases or destroys) that copy of the work from his or
her system at substantially the same time as he or she makes the
transfer. 

        **Library Provisions** The bill permits libraries to utilize
digital technologies for preservation purposes and increases the number
of copies of a work that may be made for archival purposes. 

        **Distance Learning** The bill fully authorizes educators to use
data networks for distance learning in the same way they now use
broadcast and closed-circuit television for that purpose. 

        **Ephemeral Copying** The bill amends the Copyright Act to make
explicit that it is not an infringement of copyright for a person to
make a digital copy of a work when such copying is made incidental to
the operation of a computer in the course of the use of the work in a
way that is otherwise lawful. 

        **Preemption** Finally, the bill includes a measure to address
the increasing practice by which copyright owners use non-negotiated
terms in "shrink-wrap" or "click-on" licenses in ways that can abrogate
or narrow federal rights consumers otherwise would enjoy under the
federal Copyright Act. 

        The bill has the strong support of many public and private
sector groups, including the American Committee for Interoperable
Systems, the American Library Association, the Computer and
Communications Industry Association, the Consumer Electronics
Manufacturers Association, the Digital Future Coalition, the Home
Recording Rights Coalition and other groups which support preserving
balance in the Copyright Act as it is amended for the digital era. 

        "With this measure we will help educators, librarians, scholars,
computer hardware and software manufacturers, and many other groups in
their effort to realize the great potential of the digital networked
environment.  Our legislation sets a firm foundation for the
Congressional debate on modernization of the Copyright Act next year. 
We look forward to the discussions with our colleagues, the
Administration and other interested parties that will produce a balanced
reform," Boucher concluded. 

                               - 30 -

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