11.0408 copyright bill; NEH Seminars

Humanist Discussion Group (humanist@kcl.ac.uk)
Tue, 18 Nov 1997 20:21:56 +0000 (GMT)

Humanist Discussion Group, Vol. 11, No. 408.
Centre for Computing in the Humanities, King's College London

[1] From: David Green <david@ninch.org> (31)
Subject: New House Copyright Bill Introduced

[2] From: David Green <david@ninch.org> (112)
Subject: DETAIL on Boucher/Campbell Copyright Bill

[3] From: "David L. Gants" <dgants@parallel.park.uga.edu> (60)
Subject: NEH Seminars & Institutes for College Teachers, Summer

Date: Mon, 17 Nov 1997 11:18:09 -0500
From: David Green <david@ninch.org>
Subject: New House Copyright Bill Introduced

November 17, 1997

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

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

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

Date: Mon, 17 Nov 1997 12:53:42 -0500
From: David Green <david@ninch.org>
Subject: DETAIL on Boucher/Campbell Copyright Bill

Following the NINCH ANNOUNCEMENT this morning, here is the FULL TEXT of a
press release from Rep. Rick Boucher's office, for those of you interested.

November 14, 1997
Contact: Sharon Ringley (202) 225-3861


(Washington, D.C.) --U.S. Representative Rick Boucher (D-VA) and
Representative Tom Campbell (R-CA) have introduced the first
comprehensive House bill to update the Copyright Act for the digital

The Digital Era Copyright Enhancement Act will implement two
international copyright treaties, enhance distance learning for students
throughout the United States, firmly recognize the doctrines of First
Sale and Fair Use for the digital era and foster the continued growth of
the Internet. "This legislation provides an historic opportunity for
Congress to enact a comprehensive set of reforms to modernize our
copyright law in a way that will spur creativity, advance the frontiers
of education, and promote technological innovation," Boucher said upon
introduction of the legislation.

Commenting on practical applications of the bill, Campbell said:
"Educators should be able to use computers
in the same way they currently use televisions to foster distance
learning, and librarians should be able to use the latest technology to
preserve and to share great works of literature and scientific
discoveries with their patrons. Through enactment of our measure they
will enjoy the benefits of new digital technology in the same way they
historically have enjoyed advances in technology throughout the analog

The bill has its genesis in the negotiation of two
international copyright treaties last December under the auspices of the
World Intellectual Property Organization (WIPO). Earlier this year, at
the request of the Administration, legislation was introduced to
implement the two treaties. That legislation only addresses copyright
provisions in the WIPO treaties and does not provide a forum for a
discussion of the broader copyright changes which the advent of digital
technology will require. The Boucher/Campbell bill provides a single,
comprehensive approach that seeks to balance the interests of copyright
owners and users of copyrighted works. In addition to implementing the
treaties, the bill also contains Fair Use, First Sale and distance
learning provisions.

**Section 1201 (Circumvention).** The legislation proposed by the
Administration to implement the WIPO treaties includes a device-oriented
approach to stemming copyright infringement. This approach was rejected
by the delegates at the WIPO negotiations.
Compelling testimony offered before the Intellectual Property
Subcommittee stated that the approach of the Administration's bill would
stifle the introduction of new technology and would effectively overturn
the long-settled law of the United States regarding infringing and
non-infringing uses.

"Because of my reservations about the implications of the
Administration's approach for digital technologies with a focus on
controlling so-called "circumvention devices," our legislation attempts
to address the legitimate concerns of copyright owners by focusing
instead on infringing conduct," Boucher explained. As proposed in the
Boucher/Campbell bill, this new section 1201 would create liability for
the person who, for purposes of facilitating or engaging in an act of
infringement, knowingly circumvents the operation of an effective
technological measure used by a copyright owner to preclude or limit
reproduction of a work in a digital format.

**Copyright Management Information** To address a second international
treaty matter, the bill creates liability for a person who knowingly
provides false copyright management information or removes or alters
copyright management information without the authority of the copyright
owner, and with the intent to mislead or induce or facilitate
infringement. To assure privacy protection, the bill explicitly
excludes from the definition of copyright management information any
personally identifiable information relating to the user of a work.

**Fair Use** The legislation makes clear that the Fair Use doctrine in
the copyright law -- which generally preserves the ability of users,
including libraries, teachers and scholars, to make limited,
noncommercial use of copyrighted works -- continues to apply with full
force in the digital networked environment.

**First Sale** Given the historical importance to librarians, scholars,
educators, and consumers of transferring to others lawfully acquired
copies of works, the bill offers assurances of the continued
applicability in the digital environment of the First Sale doctrine.
The bill will permit electronic transmission of a lawfully acquired
digital copy of a work as long as the person making the transfer
eliminates (e.g. erases or destroys) that copy of the work from his or
her system at substantially the same time as he or she makes the

**Library Provisions** The bill permits libraries to utilize digital
technologies for preservation purposes and increases the number of
copies of a work that may be made for archival purposes.

**Distance Learning** The bill fully authorizes educators to use data
networks for distance learning in the same way they now use broadcast
and closed-circuit television for that purpose.

**Ephemeral Copying** The bill amends the Copyright Act to make explicit
that it is not an infringement of copyright for a person to make a
digital copy of a work when such copying is made incidental to the
operation of a computer in the course of the use of the work in a way
that is otherwise lawful.

**Preemption** Finally, the bill includes a measure to address the
increasing practice by which copyright owners use non-negotiated terms
in "shrink-wrap" or "click-on" licenses in ways that can abrogate or
narrow federal rights consumers otherwise would enjoy under the federal
Copyright Act.

The bill has the strong support of many public and private sector
groups, including the American Committee for Interoperable Systems, the
American Library Association, the Computer and Communications Industry
Association, the Consumer Electronics Manufacturers Association, the
Digital Future Coalition, the Home Recording Rights Coalition and other
groups which support preserving balance in the Copyright Act as it is
amended for the digital era.

"With this measure we will help educators, librarians, scholars,
computer hardware and software manufacturers, and many other groups in
their effort to realize the great potential of the digital networked
environment. Our legislation sets a firm foundation for the
Congressional debate on modernization of the Copyright Act next year.
We look forward to the discussions with our colleagues, the
Administration and other interested parties that will produce a balanced
reform," Boucher concluded.
- 30 -

Date: Tue, 18 Nov 1997 11:57:23 -0500 (EST)
From: "David L. Gants" <dgants@parallel.park.uga.edu>
Subject: NEH Seminars & Institutes for College Teachers, Summer 1998

>> From: "Arnold, Douglas" <DArnold@neh.gov>


Each summer the National Endowment for the Humanities
supports study opportunities for educators to strengthen
humanities teaching and scholarship in the nation's colleges
and universities.

Chinese philosophy, the environment and world history,
Rome's Renaissance palaces, Bertolt Brecht in Berlin, and
ethnicity and culture in New York City are a few of the
topics that college and university teachers will address
this summer in 25 NEH summer seminars and institutes.

View the complete slate of summer study opportunities for
college and university teachers on the NEH home page:

Information and application forms for specific seminars and
institutes are available from their directors. Participant
applications are due March 1, 1998.

For printed copies of the slate of seminars and institutes:
202/606-8463; research@neh.fed.us.

Humanist Discussion Group
Information at <http://www.kcl.ac.uk/humanities/cch/humanist/>