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 ef-
forts, 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 Cali-
fornia) introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 17, United States Code, to promote innova-
tion, 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. 
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 ‘‘Freedom and Innova-
tion Revitalizing U.S. Entrepreneurship Act of 2007’’. 
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SEC. 2. COPYRIGHT INFRINGEMENT. 
(a) STATUTORY DAMAGES ADJUSTMENT.—Section 
504(c)(2) of title 17, United States Code, is amended by 
adding at the end the following: ‘‘The court shall remit 
statutory damages for secondary infringement, except in 
a case in which the copyright owner sustains the burden 
of proving, and the court finds, that the act or acts consti-
tuting such secondary infringement were done under cir-
cumstances in which no reasonable person could have be-
lieved such conduct to be lawful.’’ 
(b) CODIFICATION OF SUPREME COURT PRECEDENT 
APPLICABLE TO HARDWARE DEVICES.—Section 501 of 
title 17, United States Code, is amended by adding at the 
end the following: 
‘‘(g) CERTAIN HARDWARE DEVICES.—No person 
shall be liable for copyright infringement based on the de-
sign, manufacture, or distribution of a hardware device or 
of a component of the device if the device is capable of 
substantial, commercially significant noninfringing use.’’. 
SEC. 3. DMCA AMENDMENTS. 
(a) CODIFICATION OF DETERMINATION OF LIBRAR-
IAN
OF CONGRESS.—Section 1201(a)(1) of title 17, 
United States Code, is amended by adding at the end the 
following new subparagraph: 
‘‘(F) The prohibition contained in subparagraph (A) 
shall not apply to a person by reason of that person’s en-
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gaging in a noninfringing use of any of the 6 classes of 
copyrighted works set forth in the determination of the 
Librarian of Congress in Docket No. RM 2005–11, as 
published as a final rule by the Copyright Office, Library 
of Congress, effective November 27, 2006 (71 FR 68472 
(Nov. 27, 2006)).’’. 
(b) EXTENSION OF DETERMINATIONS OF LIBRARIAN 
OF CONGRESS.—Section 1201(a)(1) of title 17, United 
States Code, is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(G) The prohibition contained in subparagraph (A) 
shall not apply to— 
‘‘(i) an act of circumvention that is carried out 
solely for the purpose of making a compilation of 
portions of audiovisual works in the collection of a 
library or archives for educational use in a classroom 
by an instructor; 
‘‘(ii) an act of circumvention that is carried out 
solely for the purpose of enabling a person to skip 
past or to avoid commercial or personally objection-
able content in an audiovisual work; 
‘‘(iii) an act of circumvention that is carried out 
solely for the purpose of enabling a person to trans-
mit a work over a home or personal network, except 
that this exemption does not apply to the circumven-
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tion of a technological measure to the extent that it 
prevents uploading of the work to the Internet for 
mass, indiscriminate redistribution; 
‘‘(iv) an act of circumvention that is carried out 
solely for the purpose of gaining access to one or 
more works in the public domain that are included 
in a compilation consisting primarily of works in the 
public domain; 
‘‘(v) an act of circumvention that is carried out 
to gain access to a work of substantial public inter-
est solely for purposes of criticism, comment, news 
reporting, scholarship, or research; or 
‘‘(vi) an act of circumvention that is carried out 
solely for the purpose of enabling a library or ar-
chives 
meeting 
the 
requirements 
of 
section 
108(a)(2), with respect to works included in its col-
lection, to preserve or secure a copy or to replace a 
copy that is damaged, deteriorating, lost, or stolen.’’. 
Æ 
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