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----------------------------Original message---------------------------- Forwarded from the NINCH list. Judy -------------Forwarded Message----------------- From: David Green, INTERNET:[log in to unmask] To: Multiple recipients of list, INTERNET:[log in to unmask] Date: 11/17/97 12:37 PM RE: New House Copyright Bill Introduced ****************** NINCH ANNOUNCEMENT November 17, 1997 NEW, BALANCED COPYRIGHT BILL INTRODUCED TO HOUSE H.R. 3048 is suitable Companion to Ashcroft Bill in Senate Just before Congress adjourned last week, Representatives Dick Boucher (D-VA) and Tom Campbell (R-CA) introduced a new comprehensive House Bill that would suitably update the Copyright Act for the digital age. The Digital Era Copyright Enhancement Act (H.R. 3048) includes language to implement the WIPO Copyright Treaty but, unlike the Administration's proposed implementing legislation (S. 1121/H.R. 2281), also includes sections recognizing the importance of Fair Use, First Sale and Distance Learning. In addition to recognizing the continuance of Fair Use and First Sale as necessary components of copyright legislation in the digital era, H. R. 3048 also authorizes educators to use electronic networks for distance learning in the same way they now use broadcast and closed-circuit television. Importantly, the bill would address the issue of contracts now being discussed in the reformation of the Universal Commercial Code by which "shrink-wrap" or "click-through" licenses and contracts could abrogate or pre-empt rights and provisions guaranteed by federal law. Section 7 of the bill would pre-empt any such changes in state law, thus guaranteeing the supremacy of federal law. Also, unlike the WIPO Treaties Implementation Act (S. 1121/H.R. 2281), the Boucher-Campbell bill would follow the tenor of the WIPO Copyright treaty itself in focusing more on infringing conduct rather than infringing devices, as far as circumvention of copyright protection software goes. Watch for further updates here and, for more detailed analysis of this bill, see the section-by-section analysis of H.R. 3048 by the Digital Future Coalition at <http://www.ari.net/dfc/docs/sbsbou.htm> David Green