I
105TH CONGRESS
1ST SESSION
H. R. 2180
To amend title 17, United States Code, to provide limitations on copyright
liability relating to material on-line, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 17, 1997
Mr. COBLE (for himself and Mr. HYDE) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To amend title 17, United States Code, to provide limitations
on copyright liability relating to material on-line, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘On-Line Copyright Li-
ability Limitation Act’’.
SEC. 2. LIMITATIONS ON LIABILITY.
(a) IN GENERAL.—Chapter 5 of title 17, United
States Code, is amended by adding after section 511 the
following new section:
‘‘§ 512. Limitations on liability relating to material
on-line
‘‘(a) EXEMPTIONS.—A person shall not be liable—
‘‘(1) for direct infringement, or vicariously lia-
ble for the infringing acts of another, based solely on
transmitting or otherwise providing access to mate-
rial on-line, if the person—
‘‘(A) does not initially place the material
on-line;
‘‘(B) does not generate, select, or alter the
content of the material;
‘‘(C) does not determine the recipients of
the material;
‘‘(D) does not receive a financial benefit
directly attributable to a particular act of in-
fringement;
‘‘(E) does not sponsor, endorse, or adver-
tise the material; and
‘‘(F)(i) does not know, and is not aware by
notice or other information indicating, that the
material is infringing, or
‘‘(ii) is prohibited by law from accessing
the material; or
‘‘(2) in the case of a finding of contributory in-
fringement based solely on conduct for which a per-
son is exempt from liability for direct infringement
or vicarious liability under paragraph (1), for any
remedy other than injunctive relief under section
502, except that such injunctive relief shall be avail-
able only to the extent that all acts required by such
relief are technically feasible and economically rea-
sonable to carry out.
Nothing in clause (i) of paragraph (1)(F) shall impose an
affirmative obligation to seek information described in
such clause.
‘‘(b) LIMITATION BASED UPON REMOVING, DIS-
ABLING, OR BLOCKING ACCESS TO INFRINGING MATE-
RIAL.—A person shall not be liable for any claim based
on that person’s removing, disabling, or blocking on-line
access to material, in response to information by notice
or otherwise indicating or alleging that the material is in-
fringing, whether or not the material is infringing.
‘‘(c) OTHER DEFENSES NOT AFFECTED.—Remov-
ing, disabling, or blocking access to material which a per-
son transmits or to which a person otherwise provides on-
line access, or the failure to do so, shall not adversely bear
upon the consideration by a court of a defense to infringe-
ment asserted by that person under section 107 or any
other provision of law.
‘‘(d) MISREPRESENTATIONS.—Any person who know-
ingly materially misrepresents that material on-line is in-
fringing shall be liable for any damages, including costs
and attorneys’ fees, incurred by any person who relies
upon such misrepresentation in removing, disabling, or
blocking access to the material claimed to be infringing.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 5 of title 17, United States Code, is
amended by adding at the end the following:
‘‘512. Limitations on liability relating to material on-line.’’
Æ