I 

110TH CONGRESS 

1ST SESSION H. R. 1201 

To amend title 17, United States Code, to promote innovation, to encourage 

the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2007 

Mr. BOUCHER (for himself, Mr. DOOLITTLE, and Ms. ZOE LOFGREN of California) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 17, United States Code, to promote innovation, to encourage the introduction of new technology, 

to enhance library preservation efforts, and to protect 

the fair use rights of consumers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom and Innova5 tion Revitalizing U.S. Entrepreneurship Act of 2007’’. 

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1 SEC. 2. COPYRIGHT INFRINGEMENT. 

2 (a) STATUTORY DAMAGES ADJUSTMENT.—Section 

3 504(c)(2) of title 17, United States Code, is amended by 

4 adding at the end the following: ‘‘The court shall remit 

5 statutory damages for secondary infringement, except in 

6 a case in which the copyright owner sustains the burden 

7 of proving, and the court finds, that the act or acts consti8 tuting such secondary infringement were done under cir9 cumstances in which no reasonable person could have be10 lieved such conduct to be lawful.’’ 

11 (b) CODIFICATION OF SUPREME COURT PRECEDENT

12 APPLICABLE TO HARDWARE DEVICES.—Section 501 of 

13 title 17, United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(g) CERTAIN HARDWARE DEVICES.—No person 

16 shall be liable for copyright infringement based on the de17 sign, manufacture, or distribution of a hardware device or 

18 of a component of the device if the device is capable of 

19 substantial, commercially significant noninfringing use.’’. 

20 SEC. 3. DMCA AMENDMENTS. 

21 (a) CODIFICATION OF DETERMINATION OF LIBRAR22 IAN OF CONGRESS.—Section 1201(a)(1) of title 17, 

23 United States Code, is amended by adding at the end the 

24 following new subparagraph: 

25 ‘‘(F) The prohibition contained in subparagraph (A) 

26 shall not apply to a person by reason of that person’s enmstockstill on PROD1PC66 with BILLS

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1 gaging in a noninfringing use of any of the 6 classes of 

2 copyrighted works set forth in the determination of the 

3 Librarian of Congress in Docket No. RM 2005–11, as 

4 published as a final rule by the Copyright Office, Library 

5 of Congress, effective November 27, 2006 (71 FR 68472 

6 (Nov. 27, 2006)).’’. 

7 (b) EXTENSION OF DETERMINATIONS OF LIBRARIAN

8 OF CONGRESS.—Section 1201(a)(1) of title 17, United 

9 States Code, is amended by adding at the end the fol10 lowing new subparagraph: 

11 ‘‘(G) The prohibition contained in subparagraph (A) 

12 shall not apply to— 

13 ‘‘(i) an act of circumvention that is carried out 

14 solely for the purpose of making a compilation of 

15 portions of audiovisual works in the collection of a 

16 library or archives for educational use in a classroom 

17 by an instructor; 

18 ‘‘(ii) an act of circumvention that is carried out 

19 solely for the purpose of enabling a person to skip 

20 past or to avoid commercial or personally objection21 able content in an audiovisual work; 

22 ‘‘(iii) an act of circumvention that is carried out 

23 solely for the purpose of enabling a person to trans24 mit a work over a home or personal network, except 

25 that this exemption does not apply to the circumvenmstockstill on PROD1PC66 with BILLS

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1 tion of a technological measure to the extent that it 

2 prevents uploading of the work to the Internet for 

3 mass, indiscriminate redistribution; 

4 ‘‘(iv) an act of circumvention that is carried out 

5 solely for the purpose of gaining access to one or 

6 more works in the public domain that are included 

7 in a compilation consisting primarily of works in the 

8 public domain; 

9 ‘‘(v) an act of circumvention that is carried out 

10 to gain access to a work of substantial public inter11 est solely for purposes of criticism, comment, news 

12 reporting, scholarship, or research; or 

13 ‘‘(vi) an act of circumvention that is carried out 

14 solely for the purpose of enabling a library or ar15 chives meeting the requirements of section 

16 108(a)(2), with respect to works included in its col17 lection, to preserve or secure a copy or to replace a 

18 copy that is damaged, deteriorating, lost, or stolen.’’. 

Æ 

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