HR 72 NOTE: THE PROVISIONS OF THIS BILL WERE

105th CONGRESS ENACTED AS TITLE III OF H.R. 2281 (P.L. 105-304).

1st Session

To amend title 17, United States Code, to allow the making of a

copy of a computer program in connection with the maintenance or

repair of a computer.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Mr. KNOLLENBERG introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To amend title 17, United States Code, to allow the making of a

copy of a computer program in connection with the maintenance or

repair of a computer.

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 `Computer Maintenance Competition

Assurance Act of 1997'.

SEC. 2. LIMITATIONS ON EXCLUSIVE RIGHTS; COMPUTER PROGRAMS.

Section 117 of title 17, United States Code, is amended--

(1) by striking `Notwithstanding' and inserting the following:

`(a) MAKING OF ADDITIONAL COPY OR ADAPTATION BY OWNER OF COPY-

Notwithstanding';

(2) by striking `Any exact' and inserting the following:

`(b) LEASE, SALE, OR OTHER TRANSFER OF ADDITIONAL COPY OR

ADAPTATION- Any exact'; and

(3) by adding at the end the following:

`(c) MACHINE MAINTENANCE OR REPAIR- Notwithstanding the

provisions of section 106, it is not an infringement for the owner

or lessee of a machine to make or authorize the making of a copy of

a computer program if such copy is made solely by virtue of the

activation of a machine that lawfully contains an authorized copy

of the computer program, for purposes only of maintenance or repair

of that machine, if--

`(1) such new copy is used in no other manner and is

destroyed immediately after the maintenance or repair is

completed; and

`(2) with respect to any computer program or part thereof

that is not necessary for that machine to be activated, such

program or part thereof is not accessed or used other than to

make such new copy by virtue of the activation of the machine.

`(d) DEFINITIONS- For purposes of this section--

`(1) the `maintenance' of a machine means servicing the

machine in order to make it work in accordance with its

original specifications and any changes to those specifications

authorized for that machine; and

`(2) the `repair' of a machine means restoring it to the

state of working in accordance with its original specifications

and any changes to those specifications authorized for that

machine.'.