Section-by-section Analysis of H.R. 2281 as Passed by the United States House of Representatives on August 4, 1998U.S. Government Printing Office, 1998 - 80 lappuses |
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agent amends section apply authorized bill broadcast transmissions circumvention collection of information Committee computer program controls access copies or phonorecords Copyright Act copyright infringement copyright owner court created cumvention damages database defined definition Digital Performance directories DISH Network distribution effective date encryption ensure ephemeral recording establishes example exclusive rights exemption format functions identify infringing activity infringing material Intellectual Property intended Internet legislation liability limitation library or archive limitation on liability manufacture material or activity ment Music Choice nonprofit notification operation Paragraph permitted person preexisting subscription service prohibition purpose qualify rates and terms Register of Copyrights requires sale doctrine Secretary of Commerce section 104 section 512 service provider service provider's sound recordings specific statutory damages statutory license subparagraph subsection substantial system or network technological measure tion Title 17 transmission medium transmitting entity unauthorized users webcasters WIPO Treaties
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26. lappuse - ... made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and (5) the material is transmitted through the system or network...
5. lappuse - rights management information" means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work or appears in connection with the communication of a work to the public.
26. lappuse - ... (1 ) the transmission of the material was initiated by or at the direction of a person other than the service provider; (2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the...
45. lappuse - ... it is not an infringement of copyright for a transmitting organization entitled to transmit to the public a performance or display of a work, under a license...
10. lappuse - ... effectively controls access to a work" if the measure, in the ordinary course of its operation, requires the application of information, or a process or a treatment, with the authority of the copyright owner, to gain access to the work.
5. lappuse - Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.
48. lappuse - For purposes of this subsection, a format shall be considered obsolete if the machine or device necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace.
9. lappuse - ... effectively controls access to a work protected under this title. (3) As used in this subsection: (A) to "circumvent a technological measure" means to descramble a scrambled work, to decrypt an encrypted work, or otherwise to avoid, bypass, remove, deactivate, or impair a technological measure, without the authority of the copyright owner; and (B) a technological measure "effectively controls access to a work...
49. lappuse - Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
53. lappuse - Section 1 14(d)(1)(A) is amended to delete two exemptions that were either the cause of confusion as to the application of the DPRA to certain nonsubscription services (especially webcasters) or which overlapped with other exemptions (such as the exemption in subsection (A)(iii) for nonsubscription broadcast transmissions).