H.R.3048 - Digital Era Copyright Enhancement Act105th Congress (1997-1998)
Summary: H.R.3048 — 105th Congress (1997-1998)
Introduced in House (11/13/1997)
Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities.
Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes.
Revises certain limitations on exclusive rights to provide that the following are not infringements: (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests.
Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they: (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights.
Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work.
Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement. Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work.
Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement.
Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.