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21st Century Department of Justice Appropriations
Authorization Act (Enrolled as Agreed to or Passed by Both
House and Senate)
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SEC. 13301. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) SHORT TITLE- This subtitle may be cited as the `Technology,
Education, and Copyright Harmonization Act of 2002'.
(b) EXEMPTION OF CERTAIN PERFORMANCES AND DISPLAYS FOR EDUCATIONAL
USES- Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
`(2) except with respect to a work produced or marketed primarily
for performance or display as part of mediated instructional
activities transmitted via digital networks, or a performance
or display that is given by means of a copy or phonorecord
that is not lawfully made and acquired under this title, and
the transmitting government body or accredited nonprofit educational
institution knew or had reason to believe was not lawfully
made and acquired, the performance of a nondramatic literary
or musical work or reasonable and limited portions of any
other work, or display of a work in an amount comparable to
that which is typically displayed in the course of a live
classroom session, by or in the course of a transmission,
if--
`(A) the performance or display is made by, at the direction
of, or under the actual supervision of an instructor as an
integral part of a class session offered as a regular part
of the systematic mediated instructional activities of a governmental
body or an accredited nonprofit educational institution;
`(B) the performance or display is directly related and of
material assistance to the teaching content of the transmission;
`(C) the transmission is made solely for, and, to the extent
technologically feasible, the reception of such transmission
is limited to--
`(i) students officially enrolled in the course for which
the transmission is made; or
`(ii) officers or employees of governmental bodies as a part
of their official duties or employment; and
`(D) the transmitting body or institution--
`(i) institutes policies regarding copyright, provides informational
materials to faculty, students, and relevant staff members
that accurately describe, and promote compliance with, the
laws of the United States relating to copyright, and provides
notice to students that materials used in connection with
the course may be subject to copyright protection; and
`(ii) in the case of digital transmissions--
`(I) applies technological measures that reasonably prevent--
`(aa) retention of the work in accessible form by recipients
of the transmission from the transmitting body or institution
for longer than the class session; and
`(bb) unauthorized further dissemination of the work in accessible
form by such recipients to others; and
`(II) does not engage in conduct that could reasonably be
expected to interfere with technological measures used by
copyright owners to prevent such retention or unauthorized
further dissemination;'; and
(2) by adding at the end the following:
`In paragraph (2), the term `mediated instructional activities'
with respect to the performance or display of a work by digital
transmission under this section refers to activities that
use such work as an integral part of the class experience,
controlled by or under the actual supervision of the instructor
and analogous to the type of performance or display that February 12, 2008setting. The term does not
refer to activities that use, in 1 or more class sessions
of a single course, such works as textbooks, course packs,
or other material in any media, copies or phonorecords of
which are typically purchased or acquired by the students
in higher education for their independent use and retention
or are typically purchased or acquired for elementary and
secondary students for their possession and independent use.
`For purposes of paragraph (2), accreditation--
`(A) with respect to an institution providing post-secondary
education, shall be as determined by a regional or national
accrediting agency recognized by the Council on Higher Education
Accreditation or the United States Department of Education;
and
`(B) with respect to an institution providing elementary or
secondary education, shall be as recognized by the applicable
state certification or licensing procedures.
`For purposes of paragraph (2), no governmental body or accredited
nonprofit educational institution shall be liable for infringement
by reason of the transient or temporary storage of material
carried out through the automatic technical process of a digital
transmission of the performance or display of that material
as authorized under paragraph (2). No such material stored
on the system or network controlled or operated by the transmitting
body or institution under this paragraph shall be maintained
on such system or network in a manner ordinarily accessible
to anyone other than anticipated recipients. No such copy
shall be maintained on the system or network in a manner ordinarily
accessible to such anticipated recipients for a longer period
than is reasonably necessary to facilitate the transmissions
for which it was made.'.
(c) EPHEMERAL RECORDINGS-
(1) IN GENERAL- Section 112 of title 17, United States Code,
is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
`(f)(1) Notwithstanding the provisions of section 106, and
without limiting the application of subsection (b), it is
not an infringement of copyright for a governmental body or
other nonprofit educational institution entitled under section
110(2) to transmit a performance or display to make copies
or phonorecords of a work that is in digital form and, solely
to the extent permitted in paragraph (2), of a work that is
in analog form, embodying the performance or display to be
used for making transmissions authorized under section 110(2),
if--
`(A) such copies or phonorecords are retained and used solely
by the body or institution that made them, and no further
copies or phonorecords are reproduced from them, except as
authorized under section 110(2); and
`(B) such copies or phonorecords are used solely for transmissions
authorized under section 110(2).
`(2) This subsection does not authorize the conversion of
print or other analog versions of works into digital formats,
except that such conversion is permitted hereunder, only with
respect to the amount of such works authorized to be performed
or displayed under section 110(2), if--
`(A) no digital version of the work is available to the institution;
or
`(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).'.
(2) TECHNICAL AND CONFORMING AMENDMENT- Section 802(c) of
title 17, United States Code, is amended in the third sentence
by striking `section 112(f)' and inserting `section 112(g)'.
(d) PATENT AND TRADEMARK OFFICE REPORT-
(1) IN GENERAL- Not later than 180 days after the date of
enactment of this Act and after a period for public comment,
the Undersecretary of Commerce for Intellectual Property,
after consultation with the Register of Copyrights, shall
submit to the Committees on the Judiciary of the Senate and
the House of Representatives a report describing technological
protection systems that have been implemented, are available
for implementation, or are proposed to be developed to protect
digitized copyrighted works and prevent infringement, including
upgradeable and self-repairing systems, and systems that have
been developed, are being developed, or are proposed to be
developed in private voluntary industry-led entities through
an open broad based consensus process. The report submitted
to the Committees shall not include any recommendations, comparisons,
or comparative assessments of any commercially available products
that may be mentioned in the report.
(2) LIMITATIONS- The report under this subsection--
(A) is intended solely to provide information to Congress;
and
(B) shall not be construed to affect in any way, either directly
or by implication, any provision of title 17, United States
Code, including the requirements of clause (ii) of section
110(2)(D) of that title (as added by this subtitle), or the
interpretation or application of such provisions, including
evaluation of the compliance with that clause by any governmental
body or nonprofit educational institution.
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