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Bill107th CongressFiled Mar 7, 2001Commerce
S. 487

Technology, Education and Copyright Harmonization Act of 2001

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What it doesSummary passed senate amended (Jun 7, 2001)

Technology, Education, and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired and the transmitting government body or accredited nonprofit educational institution knew or had reasons to believe was not lawfully made and acquired. Allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.

Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures that reasonably prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.

Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.

Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.

Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.

Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process.

What just happenedOct 3, 2002

For Further Action See H.R.2215.

Who’s behind it

Sen. Hatch, Orrin G. [R-UT](R-UT)Sponsor
4 cosponsors3 D1 R
Read on Congress.gov
4cosponsors2committees25actions2amendments2related bills26subjects
  1. Oct 3, 2002CommitteeH19100

    For Further Action See H.R.2215.

    Judiciary Committee
  2. Sep 25, 2002CalendarsH12410

    Placed on the Union Calendar, Calendar No. 425.

  3. Sep 25, 2002CommitteeH12200

    Reported by the Committee on Judiciary. H. Rept. 107-687.

    Judiciary Committee
  4. Sep 25, 2002Committee5000

    Reported by the Committee on Judiciary. H. Rept. 107-687.

    Judiciary Committee
  5. Jul 17, 2002CommitteeH19000

    Ordered to be Reported by Voice Vote.

    Judiciary Committee
  6. Jul 17, 2002CommitteeH15000-B

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  7. Jul 11, 2001CommitteeH23000

    Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 0.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  8. Jul 11, 2001CommitteeH22000

    Subcommittee Consideration and Mark-up Session Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  9. Jun 27, 2001CommitteeH21000

    Subcommittee Hearings Held.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  10. Jun 18, 2001CommitteeH11000

    Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

    Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee
  11. Jun 8, 2001IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  12. Jun 8, 2001FloorH14000

    Received in the House.

  13. Jun 8, 2001Floor

    Message on Senate action sent to the House.

  14. Jun 7, 2001Floor

    Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

  15. Jun 7, 2001Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.

  16. Jun 7, 2001Floor

    The committee substitute as amended agreed to by Unanimous Consent.

  17. Jun 7, 2001Floor

    Measure laid before Senate. (consideration: CR S5988-5995; text of measure as reported in Senate: CR S5598 )

  18. Jun 5, 2001Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 66.

  19. Jun 5, 2001Committee

    Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. With written report No. 107-31.

    Judiciary Committee
  20. Jun 5, 2001Committee14000

    Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. With written report No. 107-31.

    Judiciary Committee
  21. May 17, 2001Committee

    Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  22. Mar 13, 2001Committee

    Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 107-221.

    Judiciary Committee
  23. Mar 7, 2001IntroReferral

    Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S2008-2009)

    Judiciary Committee
  24. Mar 7, 2001IntroReferralB00100

    Sponsor introductory remarks on measure. (CR S2006-2008, S2009)

  25. Mar 7, 2001IntroReferral10000

    Introduced in Senate

Passed Senate amendedJun 7, 200135
Technology, Education, and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired and the transmitting government body or accredited nonprofit educational institution knew or had reasons to believe was not lawfully made and acquired. Allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.

Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures that reasonably prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.

Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.

Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.

Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.

Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process.

Reported to Senate with amendment(s)Jun 5, 200101
Technology, Education, and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired and the transmitting government body or accredited nonprofit educational institution knew or had reasons to believe was not lawfully made and acquired. Allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.

Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures, that, in the ordinary course of their operations, prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.

Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.

Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.

Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.

Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process.

Introduced in SenateMar 7, 200100
Technology, Education and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Allows under specified conditions: (1) the performance and display of reasonable and limited portions of any copyrighted work; (2) the reproduction of such work in transient copies or phonorecords created as a part of the automatic technical process of a digital transmission; and (3) distribution of such copies or phonorecords in the course of such transmission, to the extent technologically necessary.

Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of an instructor as an integral part of a class session; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as part of their official duties or employment; (3) require transient copies to be retained for no longer than reasonably necessary to complete the transmission; and (4) require the transmitting body or institution to take specified actions to provide copyright protection of such works.

Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital form for use in making transmissions authorized by this Act.

Technology, Education and Copyright Harmonization Act of 2001 — Informed