NOTE: PROVISIONS SIMILAR TO THIS BILL WERE

HR 2180 IH

105th CONGRESS

1st Session

H. R. 2180

To amend title 17, United States Code, to provide limitations on copyright

liability relating to material on-line, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 17, 1997

Mr. COBLE (for himself and Mr. HYDE) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to provide limitations on copyright

liability relating to material on-line, 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 `On-Line Copyright Liability Limitation Act'.

SEC. 2. LIMITATIONS ON LIABILITY.

(a) IN GENERAL- Chapter 5 of title 17, United States Code, is amended by

adding after section 511 the following new section:

`Sec. 512. Limitations on liability relating to material on-line

`(a) EXEMPTIONS- A person shall not be liable--

`(1) for direct infringement, or vicariously liable for the infringing

acts of another, based solely on transmitting or otherwise providing

access to material on-line, if the person--

`(A) does not initially place the material on-line;

`(B) does not generate, select, or alter the content of the

material;

`(C) does not determine the recipients of the material;

`(D) does not receive a financial benefit directly attributable to a

particular act of infringement;

`(E) does not sponsor, endorse, or advertise the material; and

`(F)(i) does not know, and is not aware by notice or other

information indicating, that the material is infringing, or

`(ii) is prohibited by law from accessing the material; or

`(2) in the case of a finding of contributory infringement based solely

on conduct for which a person is exempt from liability for direct

infringement or vicarious liability under paragraph (1), for any remedy

other than injunctive relief under section 502, except that such

injunctive relief shall be available only to the extent that all acts

required by such relief are technically feasible and economically

reasonable to carry out.

Nothing in clause (i) of paragraph (1)(F) shall impose an affirmative

obligation to seek information described in such clause.

`(b) LIMITATION BASED UPON REMOVING, DISABLING, OR BLOCKING ACCESS TO

INFRINGING MATERIAL- A person shall not be liable for any claim based on

that person's removing, disabling, or blocking on-line access to material,

in response to information by notice or otherwise indicating or alleging

that the material is infringing, whether or not the material is infringing.

`(c) OTHER DEFENSES NOT AFFECTED- Removing, disabling, or blocking access to

material which a person transmits or to which a person otherwise provides

on-line access, or the failure to do so, shall not adversely bear upon the

consideration by a court of a defense to infringement asserted by that

person under section 107 or any other provision of law.

`(d) MISREPRESENTATIONS- Any person who knowingly materially misrepresents

that material on-line is infringing shall be liable for any damages,

including costs and attorneys' fees, incurred by any person who relies upon

such misrepresentation in removing, disabling, or blocking access to the

material claimed to be infringing.'.

(b) CONFORMING AMENDMENT- The table of sections for chapter 5 of title 17,

United States Code, is amended by adding at the end the following:

`512. Limitations on liability relating to material on-line.'

END