roundtable: IMPORTANT NEWS on WIPO copyright treaties

roundtable: IMPORTANT NEWS on WIPO copyright treaties

IMPORTANT NEWS on WIPO copyright treaties

Patrice McDermott (patricem@RTK.NET)
Thu, 21 Aug 97 16:30:49 EDT 

Date: Thu, 21 Aug 97 16:30:49 EDT
From: Patrice McDermott <patricem@RTK.NET>
Subject: IMPORTANT NEWS on WIPO copyright treaties
To: gov-info-access@RTK.NET, roundtable@cni.org
Message-Id: <Chameleon.970821163736.patrice@patrice.rtknet.org>


Legislation has been introduced to implement WIPO copyright treaties;
House hearings scheduled for Sept.  10 & 11. 

Many thanks to Page for this summary & notification.

-------------------------------------
Patrice McDermott
patricem@rtk.net
Date: 08/21/97
Time: 16:30:50
-------------------------------------

---------------Original Message---------------

NCC Washington Update, vol. 3, # 35 , August 21, 1997
   by Page Putnam Miller, Director of the National Coordinating 
   Committee for the Promotion of History <pagem@capaccess.org>

1.  Legislation Introduced to Implement World Copyright Treaties


1.  Legislation Introduced to Implement World Copyright Treaties -- On
July 29 Representative Howard Coble (R-NC), accompanied by
Representatives Henry Hyde (R-IL), John Conyers (D-MI) and Barney Frank
(D-MA) introduced HR 2281, a bill to amend title 17, United States Code,
to implement the World Intellectual Property Organization Copyright
Treaty and Performances and Phonograms Treaty.  On July 31 Senator Orrin
Hatch (R-UT), accompanied by Senators Patrick Leahy (D-VT), Fred
Thompson (R-TN) and Herbert Kohl (D-WI), introduced S.  1121, a parallel
bill.  The Senate Bill appears in the Congressional Record for July 31,
1997 on pages S8582-8585. 

This legislation, developed by the Clinton administration to implement
the two treaties that were adopted last December by the World
Intellectual Property Organization (WIPO), is designed to update the
international copyright law for the digital age and to ensure the
protection of American creative products abroad -- with one treaty
dealing with written material and the other with sound recordings. 
There are two basic sections to this legislation.  One deals with
encryption devises and prohibits the circumvention of copyright
protection systems.  The other focuses on the integrity of copyright
management information and deals with the removal or alteration of
copyrighted material.  The bill also includes a section on civil
remedies and the court's role in violations.  The bill gives lip service
to the importance of "fair use" and states that nothing in the bill will
affect "rights, remedies, limitations, or defenses to copyright
infringement, including fair use, under this title." However, there is
continuing concern in the library and scholarly community as to whether
the language on "circumventing protection afforded by a technological
protection measure" would in effect diminish access to encrypted
material for lawful "fair use" purposes. 

On introducing this legislation, Hatch said that he was putting this
legislation forward on behalf of the Administration and that the bill
represents "an excellent starting point for the debate on exactly what
must be changed in U.S.  law in order to comply with the treaties." He
indicated that while he would like to see the treaties go into effect
this year, "the late date on which the Administration has submitted the
legislation may render this goal unachievable." In his remarks, Leahy
stressed that during the hearings the Judiciary Committee will need to
strive to maintain a careful balance between the authors' interest in
protection along with the public's interest in the accessibility of
information.  Kohl noted that the administration's proposed bill is a
"point of departure rather than a final product." He said: "We should
make certain, as the measure moves forward, that it doesn't restrict
products that have other beneficial uses."

The House will be holding hearings on HR2281, the treaty implementing
legislation, and HR2180, the Online Copyright Liability Limitation Act,
on September 10 and 11.  The Senate also plans to hold hearings but has
not yet set a date. 

----------End of Original Message----------

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