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Hello -- Here's the latest news from the Digital Future Coalition, DFC, on the journey of H.R. 2281, the Digital Millennium Copyright Act of 1998, in the House. This bill was adopted by the House Commerce Committee on July 17 after being successfully amended to address many library-related concerns. (See NINCH message below, forwarded by Roger Lawson.) Katy Poole Public Policy Committee _________________________________________________ _________________________________________________ To: "Digital Future Coalition Discussion List" <[log in to unmask]> Subject: H.R. 2281 Date: Thu, 23 Jul 1998 13:41:26 -0400 Errors-To: <[log in to unmask]> Sender: [log in to unmask] X-Listname: <[log in to unmask]> Now for another update. According to numerous sources, H.R. 2281, the Commerce Committee version, has been PULLED from the House Suspension Calendar for Monday. This does not forestall another appearance by the legislation sometime in the near future. More to follow as it becomes available. Skip Lockwood Coordinator Digital Future Coalition ___________________________ >Date: Fri, 17 Jul 1998 17:00:57 -0400 >From: David Green <[log in to unmask]> >To: [log in to unmask] >Subject: House Commerce Committee Adopts Digital Copyright Bill >Mime-Version: 1.0 >Content-Type: text/plain >Content-Disposition: inline > >NINCH ANNOUNCEMENT >July 17, 1998 > > > > HOUSE COMMERCE COMMITTEE ADOPTS DIGITAL COPYRIGHT BILL > "Fair Use" a Major Topic of Debate > > >Below is an extract from today's NCC Washington Update, reporting on the >adoption by the House Commerce Committee of the Digital Millennium >Copyright Act of 1998. > >The committee has generally succeeded in making the bill more responsive to >more sets of needs than the version of this bill passed by the Judiciary >Committee. Fair Use was an especially strong subject for discussion, and >was at the heart of an amendment submitted by Representative Scott Klug >(R-WI). > >This amendment "strikes from the bill a section prohibiting an individual's >circumvention of technological protection measures, such as encryption used >to prevent access to copyrighted material, and calls on the Secretary of >Commerce to conduct a two year review of this section, taking into >consideration the "public interest," before issuing formal regulations on >[its] implementation." > >The amendment also called for a biennial review "to ensure that 'balance' >between creators and users is achieved in the implementation of the law." > >According to a statement released by the Digital Future Coalition, "H.R. >2281, as passed by the House Commerce Committee, will maintain the >owner/user balance and will protect the rights of consumers, students, >educators, and scholars to make use of digital works and multi-media for >school reports, research, teaching, and a host of other currently >permissible activities. The competing bill will impose a "pay-per-use" >model of information commerce in the network environment." > >Page Miller also notes that with pledged support from Representative Rick >Boucher (D-VA) and others, this bill might finally be "on a very fast track >toward passage." > > >David Green >=========== >=========== > >>Date: Fri, 17 Jul 1998 14:38:38 -0400 (EDT) >>From: Page Miller <[log in to unmask]> >>Subject: NCC Washington Update, Vol 4, #27 (fwd) >> >>NCC Washington Update, vol. 4, #27, July 17, 1998 >> by Page Putnam Miller, Director of the National Coordinating >> Committee for the Promotion of History <[log in to unmask]> >> >>1. Senate Appropriations Committee Votes Increases >> For the National Archives and NHPRC >>2. Senator Dodd Introduces Legislation To Identify and >> Preserve Women's History Sites >>3. House Commerce Committee Adopts Digital >> Copyright Bill >>4. Head of CIA Issues Statement on Declassification >> >>>SNIP>> > >>3. House Commerce Committee Adopts Digital Copyright Bill -- After >>postponing four announced meetings, the House Commerce Committee met on >>July 17 to consider H.R. 2281, the Digital Millennium Copyright Act of >>1998, which the Subcommittee on Telecommunications, Trade and Consumer >>Protection endorsed on June 17. This bill, as amended, is quite different >>from the version adopted by the House Judiciary Committee and is instead >>similar to S.2037, which the Senate passed 99 to 0 on May 14. In addition >>to implementing the World Intellectual Property Organization treaties on >>copyright and to providing limits to the copyright infringement liability >>of on-line Internet service providers, the House Commerce and the Senate >>bills address issues of distance education and digital preservation for >>libraries and archives. >> >>The House Commerce Committee adopted by unanimous agreement several >>amendments designed to further refine the bill. In the final vote on the >>amended bill, there were no negative votes. The amendments included >>provisions to increase the protection of privacy on the Internet, to >>foster encryption research, to affirm the principle of "fair use" in the >>digital environment, to ensure that nothing in the bill would have a >>negative impact on first amendment rights, and to conduct a study on the >>ability of electronic commerce to flourish on the Internet. The Committee >>spent the most time discussing the amendment put forward by Representative >>Scott Klug (R-WI) to address concerns of "fair use." The amendment >>strikes from the bill a section prohibiting an individual's circumvention >>of technological protection measures, such as encryption used to prevent >>access to copyrighted material, and calls on the Secretary of Commerce to >>conduct a two year review of this section, taking into consideration the >>"public interest," before issuing formal regulations on the implementation >>of this section. Additionally the amendment has a provision requiring a >>review every two years thereafter of this section to ensure that "balance" >>between creators and users is achieved in the implementation of the law. >>Representative Klug stressed that a balance between the content creators >>and users is necessary to insure that "copyright owners cannot lock up >>information." Representative Billy Tauzin (R-LA) noted that the >>compromise gives creators protection and provides for information sharing >>by libraries and schools. >> >>In light of the very strong support voiced for the amended bill, including >>a statement by Representative Rick Boucher (D-VA) saying that he would >>support this bill on the House floor, it appears that some of the >>stumbling blocks have been worked out and that the bill may now be on a >>very fast track toward passage. >> >>* * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * >>NCC invites you to redistribute the NCC Washington Updates. >>A complete backfile of these reports is maintained by H-Net. >>See World Wide Web: http://h-net.msu.edu/~ncc/ >>* * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * >> > >=============================================================== > >David L. Green >Executive Director >NATIONAL INITIATIVE FOR A NETWORKED CULTURAL HERITAGE >21 Dupont Circle, NW >Washington DC 20036 >www-ninch.cni.org >[log in to unmask] >202/296-5346 202/872-0886 fax > >============================================================== >See and search back issues of NINCH-ANNOUNCE at ><http://www.cni.org/Hforums/ninch-announce/>. >============================================================== > > > > Katherine Poole, Librarian Rotch Visual Collections, M.I.T. 77 Massachusetts Ave., 7-304 Cambridge, MA 02139-4307 1-617-253-7098; FAX 1-617-253-9331 E-mail: [log in to unmask]