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HR 3209 IH

To amend title 17, United States Code, to limit liability for copyright infringement for on-line material.

February 12, 1998

Mr. COBLE (for himself and Mr. GOODLATTE) introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 17, United States Code, to limit liability for copyright infringement for on-line material.

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 Infringement Liability Limitation Act'.

SEC. 2. LIMITATIONS ON LIABILITY FOR COPYRIGHT INFRINGEMENT.

(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) LIMITATION- Notwithstanding the provisions of section 106, a provider shall not be liable for--

`(1) direct infringement, based solely on the intermediate storage and transmission of material over that provider's system or network, if--

`(A) the transmission was initiated by another person;

`(B) the storage and transmission is carried out through an automatic technological process, without any selection of that material by the provider; and

`(C) any copy made of the material is not retained longer than necessary for the purpose of carrying out that transmission;

`(2) monetary relief under section 504 or 505 for contributory infringement or vicarious liability, based solely on conduct described in paragraph (1); or

`(3) monetary relief under section 504 or 505 for contributory infringement or vicarious liability, based solely on transmitting or providing access to material over that provider's system or network, other than conduct described in paragraph (1), if the provider--

`(A) does not know and is not aware of information indicating that the material is infringing; and

`(B) does not receive a financial benefit directly attributable to the infringing activity.

`(b) PROTECTION OF PRIVACY- Nothing in subsection (a) shall authorize or obligate a provider to access material that the provider is prohibited by law from accessing, or impose an affirmative obligation to monitor or otherwise seek information indicating infringement.

`(c) LIMITATION BASED UPON REMOVING OR DISABLING ACCESS TO INFRINGING MATERIAL- A provider shall not be liable for any claim based on that provider's removing or disabling on-line access to material, in response to knowledge or information indicating that the material is infringing, whether or not the material is infringing.

`(d) OTHER DEFENSES NOT AFFECTED- Removing or disabling access to material which a provider transmits on-line or to which a provider 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 provider on the basis of section 107 or any other provision of law.

`(e) 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 the alleged infringer or by any copyright owner or copyright owner's authorized licensee who is injured by such misrepresentation, or by any provider who relies upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

`(f) DEFINITION- As used in this section, the term `provider' means a provider of on-line services or network access.'.

(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.'.

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