I
105TH CONGRESS
1ST SESSION
H. R. 2281
To amend title 17, United States Code, to implement the World Intellectual
Property Organization Copyright Treaty and Performances and
Phonograms Treaty.
IN THE HOUSE OF REPRESENTATIVES
JULY 29, 1997
Mr. COBLE (for himself, Mr. HYDE, Mr. CONYERS, and Mr. FRANK of Massa-
chusetts) introduced the following bill; which was referred to the Commit-
tee on the Judiciary
A BILL
To amend title 17, United States Code, to implement the
World Intellectual Property Organization Copyright
Treaty and Performances and Phonograms Treaty.
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 ‘‘WIPO Copyright Trea-
ties Implementation Act’’.
SEC. 2. TECHNICAL AMENDMENTS.
(a) DEFINITIONS.—Section 101 of title 17, United
States Code, is amended—
(1) by striking the definition of ‘‘Berne Conven-
tion work’’;
(2) in the definition of ‘‘The ‘country of origin’
of a Berne Convention work’’—
(A) by striking ‘‘The ‘country of origin’ of
a Berne Convention work, for purposes of sec-
tion 411, is the United States if’’ and inserting
‘‘For purposes of section 411, a work is a
‘United States work’ only if’’;
(B) in paragraph (1)—
(i) in subparagraph (B) by striking
‘‘nation or nations adhering to the Berne
Convention’’ and inserting ‘‘treaty party or
parties’’;
(ii) in subparagraph (C) by striking
‘‘does not adhere to the Berne Convention’’
and inserting ‘‘is not a treaty party’’; and
(iii) in subparagraph (D) by striking
‘‘does not adhere to the Berne Convention’’
and inserting ‘‘is not a treaty party’’; and
(C) in the matter following paragraph (3)
by striking ‘‘For the purposes of section 411,
the ‘country of origin’ of any other Berne Con-
vention work is not the United States.’’;
(3) by inserting after the definition of ‘‘fixed’’
the following:
‘‘The ‘Geneva Phonograms Convention’ is the
Convention for the Protection of Producers of
Phonograms Against Unauthorized Duplication of
Their Phonograms, concluded at Geneva, Switzer-
land, on October 29, 1971.’’;
(4) by inserting after the definition of ‘‘includ-
ing’’ the following:
‘‘An ‘international agreement’ is—
‘‘(1) the Universal Copyright Convention;
‘‘(2) the Geneva Phonograms Convention;
‘‘(3) the Berne Convention;
‘‘(4) the WTO Agreement;
‘‘(5) the WIPO Copyright Treaty;
‘‘(6) 
the 
WIPO 
Performances 
and
Phonograms Treaty; and
‘‘(7) any other copyright treaty to which
the United States is a party.’’;
(5) by inserting after the definition of ‘‘trans-
mit’’ the following:
‘‘A ‘treaty party’ is a country or intergovern-
mental organization other than the United States
that is a party to an international agreement.’’;
(6) by inserting after the definition of ‘‘widow’’
the following:
‘‘The ‘WIPO Copyright Treaty’ is the WIPO
Copyright Treaty concluded at Geneva, Switzerland,
on December 20, 1996.’’;
(7) by inserting after the definition of ‘‘The
‘WIPO Copyright Treaty’ ’’ the following:
‘‘The ‘WIPO Performances and Phonograms
Treaty’ is the WIPO Performances and Phonograms
Treaty concluded at Geneva, Switzerland, on Decem-
ber 20, 1996.’’; and
(8) by inserting after the definition of ‘‘work
made for hire’’ the following:
‘‘The terms ‘WTO Agreement’ and ‘WTO mem-
ber country’ have the meanings given those terms in
paragraphs (9) and (10), respectively, of section 2 of
the Uruguay Round Agreements Act.’’.
(b) SUBJECT MATTER OF COPYRIGHT; NATIONAL
ORIGIN.—Section 104 of title 17, United States Code, is
amended—
(1) in subsection (b)—
(A) in paragraph (1) by striking ‘‘foreign
nation that is a party to a copyright treaty to
which the United States is also a party’’ and in-
serting ‘‘treaty party’’;
(B) in paragraph (2) by striking ‘‘party to
the Universal Copyright Convention’’ and in-
serting ‘‘treaty party’’;
(C) by redesignating paragraph (5) as
paragraph (6);
(D) by redesignating paragraph (3) as
paragraph (5) and inserting it after paragraph
(4);
(E) by inserting after paragraph (2) the
following:
‘‘(3) the work is a sound recording that was
first fixed in a treaty party; or’’;
(F) in paragraph (4) by striking ‘‘Berne
Convention work’’ and inserting ‘‘pictorial,
graphic, or sculptural work that is incorporated
in a building or other structure, or an architec-
tural work that is embodied in a building and
the building or structure is located in the Unit-
ed States or a treaty party’’; and
(G) by inserting after paragraph (6), as so
redesignated, the following:
‘‘For purposes of paragraph (2), a work that is published
in the United States or a treaty party within 30 days after
publication in a foreign nation that is not a treaty party
shall be considered to be first published in the United
States or such treaty party, as the case may be.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) EFFECT
OF PHONOGRAMS TREATIES.—Not-
withstanding the provisions of subsection (b), no works
other than sound recordings shall be eligible for protection
under this title solely by virtue of the adherence of the
United States to the Geneva Phonograms Convention or
the WIPO Performances and Phonograms Treaty.’’.
(c) COPYRIGHT
IN
RESTORED
WORKS.—Section
104A(h) of title 17, United States Code, is amended—
(1) in paragraph (1), by striking subparagraphs
(A) and (B) and inserting the following:
‘‘(A) a nation adhering to the Berne Con-
vention;
‘‘(B) a WTO member country;
‘‘(C) a nation adhering to the WIPO Copy-
right Treaty;
‘‘(D) a nation adhering to the WIPO Per-
formances and Phonograms Treaty; or
‘‘(E) subject to a Presidential proclamation
under subsection (g).’’;
(2) by amending paragraph (3) to read as fol-
lows:
‘‘(3) The term ‘eligible country’ means a nation,
other than the United States, that—
‘‘(A) becomes a WTO member country
after the date of the enactment of the Uruguay
Round Agreements Act;
‘‘(B) on such date of enactment is, or after
such date of enactment becomes, a nation ad-
hering to the Berne Convention;
‘‘(C) adheres to the WIPO Copyright
Treaty;
‘‘(D) adheres to the WIPO Performances
and Phonograms Treaty; or
‘‘(E) after such date of enactment becomes
subject to a proclamation under subsection
(g).’’;
(3) in paragraph (6)—
(A) in subparagraph (C)(iii) by striking
‘‘and’’ after the semicolon;
(B) at the end of subparagraph (D) by
striking the period and inserting ‘‘; and’’; and
(C) by adding after subparagraph (D) the
following:
‘‘(E) if the source country for the work is
an eligible country solely by virtue of its adher-
ence 
to 
the 
WIPO 
Performances 
and
Phonograms Treaty, is a sound recording.’’;
(4) in paragraph (8)(B)(i)—
(A) by inserting ‘‘of which’’ before ‘‘the
majority’’; and
(B) by striking ‘‘of eligible countries’’; and
(5) by striking paragraph (9).
(d) REGISTRATION AND INFRINGEMENT ACTIONS.—
Section 411(a) of title 17, United States Code, is amended
in the first sentence—
(1) by striking ‘‘actions for infringement of
copyright in Berne Convention works whose country
of origin is not the United States and’’; and
(2) by inserting ‘‘United States’’ after ‘‘no ac-
tion for infringement of the copyright in any’’.
(e) STATUTE OF LIMITATIONS.—Section 507(a) of
title 17, United State Code, is amended by striking ‘‘No’’
and inserting ‘‘Except as expressly provided otherwise in
this title, no’’.
SEC. 3. COPYRIGHT PROTECTIONS SYSTEMS AND COPY-
RIGHT MANAGEMENT INFORMATION.
Title 17, United States Code, is amended by adding
at the end the following new chapter:
‘‘CHAPTER 12—COPYRIGHT PROTECTION
AND MANAGEMENT SYSTEMS
‘‘Sec.
‘‘1201. Circumvention of copyright protection systems.
‘‘1202. Integrity of copyright management information.
‘‘1203. Civil remedies.
‘‘1204. Criminal offenses and penalties.
‘‘§ 1201. Circumvention of copyright protection sys-
tems
‘‘(a) VIOLATIONS REGARDING CIRCUMVENTION OF
TECHNOLOGICAL PROTECTION MEASURES.—(1) No per-
son shall circumvent a technological protection measure
that effectively controls access to a work protected under
this title.
‘‘(2) No person shall manufacture, import, offer to
the public, provide or otherwise traffic in any technology,
product, service, device, component, or part thereof that—
‘‘(A) is primarily designed or produced for the
purpose of circumventing a technological protection
measure that effectively controls access to a work
protected under this title;
‘‘(B) has only limited commercially significant
purpose or use other than to circumvent a techno-
logical protection measure that effectively controls
access to a work protected under this title; or
‘‘(C) is marketed by that person or another act-
ing in concert with that person for use in cir-
cumventing a technological protection measure that
‘‘(B) has only limited commercially significant
purpose or use other than to circumvent protection
afforded by a technological protection measure that
effectively protects a right of a copyright owner
under this title in a work or a portion thereof; or
‘‘(C) is marketed by that person or another act-
ing in concert with that person for use in cir-
cumventing protection afforded by a technological
protection measure that effectively protects a right
of a copyright owner under this title in a work or
a portion thereof.
‘‘(2) As used in this subsection—
‘‘(A) the term ‘circumvent protection afforded
by a technological protection measure’ means avoid-
ing, bypassing, removing, deactivating, or otherwise
impairing a technological protection measure; and
‘‘(B) a technological protection measure ‘effec-
tively protects a right of a copyright owner’ under
this title if the measure, in the ordinary course of
its operation, prevents, restricts, or otherwise limits
the exercise of a right of a copyright owner under
this title.
‘‘(c) IMPORTATION.—The importation into the Unit-
ed States, the sale for importation, or the sale within the
United States after importation by the owner, importer,
or consignee of any technology, product, service, device,
component, or part thereof as described in subsection (a)
or (b) shall be actionable under section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337).
‘‘(d) OTHER RIGHTS, ETC., NOT AFFECTED.—Noth-
ing in this section shall affect rights, remedies, limitations,
or defenses to copyright infringement, including fair use,
under this title.
‘‘(e) LAW ENFORCEMENT AND INTELLIGENCE AC-
TIVITIES.—This section does not prohibit any lawfully au-
thorized investigative, protective, or intelligence activity of
a law enforcement agency of the United States, a State,
or a political subdivision of a State, or of an intelligence
agency of the United States.
‘‘§ 1202. Integrity of copyright management informa-
tion
‘‘(a) FALSE COPYRIGHT MANAGEMENT INFORMA-
TION.—No person shall knowingly—
‘‘(1) provide copyright management information
that is false, or
‘‘(2) distribute or import for public distribution
copyright management information that is false,
with the intent to induce, enable, facilitate, or conceal in-
fringement.
‘‘(b) REMOVAL
OR ALTERATION
OF COPYRIGHT
MANAGEMENT INFORMATION.—No person shall, without
the authority of the copyright owner or the law—
‘‘(1) intentionally remove or alter any copyright
management information,
‘‘(2) distribute or import for distribution copy-
right management information, knowing that the
copyright management information has been re-
moved or altered without authority of the copyright
owner or the law, or
‘‘(3) distribute, import for distribution, or pub-
licly 
perform 
works, 
copies 
of 
works, 
or
phonorecords, knowing that the copyright manage-
ment information has been removed or altered with-
out authority of the copyright owner or the law,
knowing or, with respect to civil remedies under section
1203, having reasonable grounds to know, that it will in-
duce, enable, facilitate, or conceal an infringement of any
right under this title.
‘‘(c) DEFINITION.—As used in this chapter, the term
‘copyright management information’ means the following
information conveyed in connection with copies or
phonorecords of a work or performances or displays of a
work, including in digital form:
‘‘(1) The title and other information identifying
the work, including the information set forth on a
notice of copyright.
‘‘(2) The name of, and other identifying infor-
mation about, the author of a work.
‘‘(3) The name of, and other identifying infor-
mation about, the copyright owner of the work, in-
cluding the information set forth in a notice of copy-
right.
‘‘(4) Terms and conditions for use of the work.
‘‘(5) Identifying numbers or symbols referring
to such information or links to such information.
‘‘(6) Such other information as the Register of
Copyrights may prescribe by regulation, except that
the Register of Copyrights may not require the pro-
vision of any information concerning the user of a
copyrighted work.
‘‘(d) LAW ENFORCEMENT AND INTELLIGENCE AC-
TIVITIES.—This section does not prohibit any lawfully au-
thorized investigative, protective, or intelligence activity of
a law enforcement agency of the United States, a State,
or a political subdivision of a State, or of an intelligence
agency of the United States.
‘‘§ 1203. Civil remedies
‘‘(a) CIVIL ACTIONS.—Any person injured by a viola-
tion of section 1201 or 1202 may bring a civil action in
an appropriate United States district court for such viola-
tion.
‘‘(b) POWERS OF THE COURT.—In an action brought
under subsection (a), the court—
‘‘(1) may grant temporary and permanent in-
junctions on such terms as it deems reasonable to
prevent or restrain a violation;
‘‘(2) at any time while an action is pending,
may order the impounding, on such terms as it
deems reasonable, of any device or product that is
in the custody or control of the alleged violator and
that the court has reasonable cause to believe was
involved in a violation;
‘‘(3) may award damages under subsection (c);
‘‘(4) in its discretion may allow the recovery of
costs by or against any party other than the United
States or an officer thereof;
‘‘(5) in its discretion may award reasonable at-
torney’s fees to the prevailing party; and
‘‘(6) may, as part of a final judgment or decree
finding a violation, order the remedial modification
or the destruction of any device or product involved
in the violation that is in the custody or control of
the violator or has been impounded under paragraph
(2).
‘‘(c) AWARD OF DAMAGES.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this chapter, a person committing a viola-
tion of section 1201 or 1202 is liable for either—
‘‘(A) the actual damages and any addi-
tional profits of the violator, as provided in
paragraph (2); or
‘‘(B) statutory damages, as provided in
paragraph (3).
‘‘(2) ACTUAL
DAMAGES.—The court shall
award to the complaining party the actual damages
suffered by the party as a result of the violation,
and any profits of the violator that are attributable
to the violation and are not taken into account in
computing the actual damages, if the complaining
party elects such damages at any time before final
judgment is entered.
‘‘(3) STATUTORY DAMAGES.—(A) At any time
before final judgment is entered, a complaining
party may elect to recover an award of statutory
damages for each violation of section 1201 in the
sum of not less than $200 or more than $2,500 per
act of circumvention, device, product, component,