The Digital Millennium Copyright Act of 1998 ("DMCA") was signed into law on October 28, 1998. The Digital Millennium Copyright Act amended the United States Copyright Act to provide potential limitations of liability on Internet "service providers" for copyright infringing materials that may be accessed from or through their systems via the Internet.

The DMCA contains a tangled web of requirements and prerequisites that must be complied with by Internet service providers in order to receive the liability limitations and other protections that are made available by the DMCA. All Internet service providers should take steps to assure that they are in compliance with the Digital Millennium Copyright Act.

Compliance with the Digital Millennium Copyright Act requires several steps to be taken by service providers, including:

1. Filing the appropriate designations, 2. Establishing appropriate user policies, 3. posting appropriate notices on the service provider's web site, and 4. following the rather complicated set of procedures laid out in the DMCA when the service provide receives notice or knowledge that information available through its service may infringe on the copyright of a third party.

 DIGITAL MILLENNIUM COPYRIGHT ACT

 
 
 
 An Act
 
 
 
 To amend title 17, United States Code, to implement the World 
Intellectual Property Organization Copyright Treaty and Performances and 
 Phonograms Treaty, and for other purposes. <<NOTE: Oct. 28, 
 1998 - [H.R. 2281]>> 
 
  Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Digital Millennium 
Copyright Act.>> assembled,
 
SECTION 1. <<NOTE: 17 USC 101 note.>> SHORT TITLE.
 
 This Act may be cited as the ``Digital Millennium Copyright Act''.
 
SEC. 2. TABLE OF CONTENTS.
 
Sec. 1. Short title.
Sec. 2. Table of contents.
 
 TITLE I--WIPO TREATIES IMPLEMENTATION
 
Sec. 101. Short title.
Sec. 102. Technical amendments.
Sec. 103. Copyright protection systems and copyright management 
 information.
Sec. 104. Evaluation of impact of copyright law and amendments on 
 electronic commerce and technological development.
Sec. 105. Effective date.
 
 TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION
 
Sec. 201. Short title.
Sec. 202. Limitations on liability for copyright infringement.
Sec. 203. Effective date.
 
 TITLE III--COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION
 
Sec. 301. Short title.
Sec. 302. Limitations on exclusive rights; computer programs.
 
 TITLE IV--MISCELLANEOUS PROVISIONS
 
Sec. 401. Provisions Relating to the Commissioner of Patents and 
 Trademarks and the Register of Copyrights.
Sec. 402. Ephemeral recordings.
Sec. 403. Limitations on exclusive rights; distance education.
Sec. 404. Exemption for libraries and archives.
Sec. 405. Scope of exclusive rights in sound recordings; ephemeral 
 recordings.
Sec. 406. Assumption of contractual obligations related to transfers of 
 rights in motion pictures.
Sec. 407. Effective date.
 
 TITLE V--PROTECTION OF CERTAIN ORIGINAL DESIGNS
 
Sec. 501. Short title.
Sec. 502. Protection of certain original designs.
Sec. 503. Conforming amendments.
Sec. 504. Joint study of the effect of this title.
Sec. 505. Effective date.
 
[[Page 112 STAT. 2861]]
 
 TITLE I--WIPO <<NOTE: WIPO Copyright and Performances and Phonograms 
 Treaties Implementation Act of 1998. 17 USC 101 note.>> TREATIES 
IMPLEMENTATION
 
SEC. 101. SHORT TITLE.
 
 This title may be cited as the ``WIPO Copyright and Performances and 
Phonograms Treaties Implementation Act of 1998''.
 
SEC. 102. TECHNICAL AMENDMENTS.
 
 (a) Definitions.--Section 101 of title 17, United States Code, is 
amended--
 (1) by striking the definition of ``Berne Convention 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 section 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 Convention 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, 
 Switzerland, on October 29, 1971.'';
 (4) by inserting after the definition of ``including'' 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 ``transmit'' the 
 following:
 ``A `treaty party' is a country or intergovernmental 
 organization other than the United States that is a party to an 
 international agreement.'';
 (6) by inserting after the definition of ``widow'' the 
 following:
 
[[Page 112 STAT. 2862]]
 
 ``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 December 20, 1996.''; and
 (8) by inserting after the definition of ``work made for 
 hire'' the following:
 ``The terms `WTO Agreement' and `WTO member 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 inserting ``treaty 
 party'';
 (B) in paragraph (2) by striking ``party to the 
 Universal Copyright Convention'' and inserting ``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 architectural work that is embodied in 
 a building and the building or structure is located in 
 the United 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 subsection:
 
 ``(d) Effect of Phonograms Treaties.--Notwithstanding 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 Convention;
 ``(B) a WTO member country;
 ``(C) a nation adhering to the WIPO Copyright 
 Treaty;
 ``(D) a nation adhering to the WIPO Performances and 
 Phonograms Treaty; or
 
[[Page 112 STAT. 2863]]
 
 ``(E) subject to a Presidential proclamation under 
 subsection (g).'';
  (2) by amending paragraph (3) to read as follows:
 ``(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 adhering 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 adherence 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 action 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. 103. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT 
 INFORMATION.
 
 (a) In General.--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.
``1205. Savings clause.
 
``Sec. 1201. Circumvention of copyright protection systems
 
 ``(a) Violations Regarding Circumvention of Technological 
Measures.--(1)(A) No person shall circumvent a technological measure 
that effectively controls access to a work protected
 
[[Page 112 STAT. 2864]]
 
under this title. <<NOTE: Effective date.>> The prohibition contained in 
the preceding sentence shall take effect at the end of the 2-year period 
beginning on the date of the enactment of this chapter.
 
 ``(B) The prohibition contained in subparagraph (A) shall not apply 
to persons who are users of a copyrighted work which is in a particular 
class of works, if such persons are, or are likely to be in the 
succeeding 3-year period, adversely affected by virtue of such 
prohibition in their ability to make noninfringing uses of that 
particular class of works under this title, as determined under 
subparagraph (C).
 ``(C) <<NOTE: Reports. Regulations.>> During the 2-year period 
described in subparagraph (A), and during each succeeding 3-year period, 
the Librarian of Congress, upon the recommendation of the Register of 
Copyrights, who shall consult with the Assistant Secretary for 
Communications and Information of the Department of Commerce and report 
and comment on his or her views in making such recommendation, shall 
make the determination in a rulemaking proceeding on the record for 
purposes of subparagraph (B) of whether persons who are users of a 
copyrighted work are, or are likely to be in the succeeding 3-year 
period, adversely affected by the prohibition under subparagraph (A) in 
their ability to make noninfringing uses under this title of a 
particular class of copyrighted works. In conducting such rulemaking, 
the Librarian shall examine--
 ``(i) the availability for use of copyrighted works;
 ``(ii) the availability for use of works for nonprofit 
 archival, preservation, and educational purposes;
 ``(iii) the impact that the prohibition on the circumvention 
 of technological measures applied to copyrighted works has on 
 criticism, comment, news reporting, teaching, scholarship, or 
 research;
 ``(iv) the effect of circumvention of technological measures 
 on the market for or value of copyrighted works; and
 ``(v) such other factors as the Librarian considers 
 appropriate.
 
 ``(D) <<NOTE: Publication.>> The Librarian shall publish any class 
of copyrighted works for which the Librarian has determined, pursuant to 
the rulemaking conducted under subparagraph (C), that noninfringing uses 
by persons who are users of a copyrighted work are, or are likely to be, 
adversely affected, and the prohibition contained in subparagraph (A) 
shall not apply to such users with respect to such class of works for 
the ensuing 3-year period.
 
 ``(E) Neither the exception under subparagraph (B) from the 
applicability of the prohibition contained in subparagraph (A), nor any 
determination made in a rulemaking conducted under subparagraph (C), may 
be used as a defense in any action to enforce any provision of this 
title other than this paragraph.
 ``(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 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 technological measure that 
 effectively controls access to a work protected under this 
 title; or
 
[[Page 112 STAT. 2865]]
 
 ``(C) is marketed by that person or another acting in 
  concert with that person with that person's knowledge for use in 
 circumventing a technological measure that effectively controls 
 access to a work protected under this title.
 
 ``(3) As used in this subsection--
 ``(A) to `circumvent a technological measure' means to 
 descramble a scrambled work, to decrypt an encrypted work, or 
 otherwise to avoid, bypass, remove, deactivate, or impair a 
 technological measure, without the authority of the copyright 
 owner; and
 ``(B) a technological measure `effectively controls access 
 to a work' if the measure, in the ordinary course of its 
 operation, requires the application of information, or a process 
 or a treatment, with the authority of the copyright owner, to 
 gain access to the work.
 
 ``(b) Additional Violations.--(1) 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 protection afforded by a technological measure 
 that effectively protects a right of a copyright owner under 
 this title in a work or a portion thereof;
 ``(B) has only limited commercially significant purpose or 
 use other than to circumvent protection afforded by a 
 technological 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 acting in 
 concert with that person with that person's knowledge for use in 
  circumventing protection afforded by a technological 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) to `circumvent protection afforded by a technological 
 measure' means avoiding, bypassing, removing, deactivating, or 
 otherwise impairing a technological measure; and
 ``(B) a technological measure `effectively 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) Other Rights, Etc., Not Affected.--(1) Nothing in this section 
shall affect rights, remedies, limitations, or defenses to copyright 
infringement, including fair use, under this title.
 ``(2) Nothing in this section shall enlarge or diminish vicarious or 
contributory liability for copyright infringement in connection with any 
technology, product, service, device, component, or part thereof.
 ``(3) Nothing in this section shall require that the design of, or 
design and selection of parts and components for, a consumer 
electronics, telecommunications, or computing product provide for a 
response to any particular technological measure, so long as such part 
or component, or the product in which such part or component is 
integrated, does not otherwise fall within the prohibitions of 
subsection (a)(2) or (b)(1).
 
[[Page 112 STAT. 2866]]
 
 ``(4) Nothing in this section shall enlarge or diminish any rights 
of free speech or the press for activities using consumer electronics, 
telecommunications, or computing products.
 ``(d) Exemption for Nonprofit Libraries, Archives, and Educational 
Institutions.--(1) A nonprofit library, archives, or educational 
institution which gains access to a commercially exploited copyrighted 
work solely in order to make a good faith determination of whether to 
acquire a copy of that work for the sole purpose of engaging in conduct 
permitted under this title shall not be in violation of subsection 
(a)(1)(A). A copy of a work to which access has been gained under this 
paragraph--
 ``(A) may not be retained longer than necessary to make such 
 good faith determination; and
 ``(B) may not be used for any other purpose.
 
 ``(2) The exemption made available under paragraph (1) shall only 
apply with respect to a work when an identical copy of that work is not 
reasonably available in another form.
 ``(3) A nonprofit library, archives, or educational institution that 
willfully for the purpose of commercial advantage or financial gain 
violates paragraph (1)--
 ``(A) shall, for the first offense, be subject to the civil 
 remedies under section 1203; and
 ``(B) shall, for repeated or subsequent offenses, in 
 addition to the civil remedies under section 1203, forfeit the 
 exemption provided under paragraph (1).
 
 ``(4) This subsection may not be used as a defense to a claim under 
subsection (a)(2) or (b), nor may this subsection permit a nonprofit 
library, archives, or educational institution to manufacture, import, 
offer to the public, provide, or otherwise traffic in any technology, 
product, service, component, or part thereof, which circumvents a 
technological measure.
 ``(5) In order for a library or archives to qualify for the 
exemption under this subsection, the collections of that library or 
archives shall be--
 ``(A) open to the public; or
 ``(B) available not only to researchers affiliated with the 
 library or archives or with the institution of which it is a 
 part, but also to other persons doing research in a specialized 
 field.
 
 ``(e) Law Enforcement, Intelligence, and Other Government 
Activities.--This section does not prohibit any lawfully authorized 
investigative, protective, information security, or intelligence 
activity of an officer, agent, or employee of the United States, a 
State, or a political subdivision of a State, or a person acting 
pursuant to a contract with the United States, a State, or a political 
subdivision of a State. For purposes of this subsection, the term 
`information security' means activities carried out in order to identify 
and address the vulnerabilities of a government computer, computer 
system, or computer network.
  ``(f ) Reverse Engineering.--(1) Notwithstanding the provisions of 
subsection (a)(1)(A), a person who has lawfully obtained the right to 
use a copy of a computer program may circumvent a technological measure 
that effectively controls access to a particular portion of that program 
for the sole purpose of identifying and analyzing those elements of the 
program that are necessary to achieve interoperability of an 
independently created computer program with other programs, and that 
have not previously been
 
[[Page 112 STAT. 2867]]
 
readily available to the person engaging in the circumvention, to the 
extent any such acts of identification and analysis do not constitute 
infringement under this title.
 ``(2) Notwithstanding the provisions of subsections (a)(2) and (b), 
a person may develop and employ technological means to circumvent a 
technological measure, or to circumvent protection afforded by a 
technological measure, in order to enable the identification and 
analysis under paragraph (1), or for the purpose of enabling 
interoperability of an independently created computer program with other 
programs, if such means are necessary to achieve such interoperability, 
to the extent that doing so does not constitute infringement under this 
title.
 ``(3) The information acquired through the acts permitted under 
paragraph (1), and the means permitted under paragraph (2), may be made 
available to others if the person referred to in paragraph (1) or (2), 
as the case may be, provides such information or means solely for the 
purpose of enabling interoperability of an independently created 
computer program with other programs, and to the extent that doing so 
does not constitute infringement under this title or violate applicable 
law other than this section.
 ``(4) For purposes of this subsection, the term `interoperability' 
means the ability of computer programs to exchange information, and of 
such programs mutually to use the information which has been exchanged.
 ``(g) Encryption Research.--
 ``(1) Definitions.--For purposes of this subsection--
 ``(A) the term `encryption research' means 
 activities necessary to identify and analyze flaws and 
 vulnerabilities of encryption technologies applied to 
 copyrighted works, if these activities are conducted to 
 advance the state of knowledge in the field of 
 encryption technology or to assist in the development of 
 encryption products; and
 ``(B) the term `encryption technology' means the 
 scrambling and descrambling of information using 
 mathematical formulas or algorithms.
 ``(2) Permissible acts of encryption research.--
 Notwithstanding the provisions of subsection (a)(1)(A), it is 
 not a violation of that subsection for a person to circumvent a 
 technological measure as applied to a copy, phonorecord, 
 performance, or display of a published work in the course of an 
 act of good faith encryption research if--
 ``(A) the person lawfully obtained the encrypted 
 copy, phonorecord, performance, or display of the 
  published work;
 ``(B) such act is necessary to conduct such 
 encryption research;
 ``(C) the person made a good faith effort to obtain 
 authorization before the circumvention; and
 ``(D) such act does not constitute infringement 
 under this title or a violation of applicable law other 
 than this section, including section 1030 of title 18 
 and those provisions of title 18 amended by the Computer 
 Fraud and Abuse Act of 1986.
 ``(3) Factors in determining exemption.--In determining 
 whether a person qualifies for the exemption under paragraph 
 (2), the factors to be considered shall include--
 ``(A) whether the information derived from the 
 encryption research was disseminated, and if so, whether
 
[[Page 112 STAT. 2868]]
 
 it was disseminated in a manner reasonably calculated to 
 advance the state of knowledge or development of 
 encryption technology, versus whether it was 
 disseminated in a manner that facilitates infringement 
 under this title or a violation of applicable law other 
 than this section, including a violation of privacy or 
 breach of security;
 ``(B) whether the person is engaged in a legitimate 
 course of study, is employed, or is appropriately 
 trained or experienced, in the field of encryption 
 technology; and
 ``(C) whether the person provides the copyright 
 owner of the work to which the technological measure is 
 applied with notice of the findings and documentation of 
 the research, and the time when such notice is provided.
 ``(4) Use of technological means for research activities.--
 Notwithstanding the provisions of subsection (a)(2), it is not a 
 violation of that subsection for a person to--
 ``(A) develop and employ technological means to 
 circumvent a technological measure for the sole purpose 
 of that person performing the acts of good faith 
 encryption research described in paragraph (2); and
 ``(B) provide the technological means to another 
 person with whom he or she is working collaboratively 
 for the purpose of conducting the acts of good faith 
 encryption research described in paragraph (2) or for 
 the purpose of having that other person verify his or 
  her acts of good faith encryption research described in 
 paragraph (2).
 ``(5) Report <<NOTE: Deadline.>> to congress.--Not later 
 than 1 year after the date of the enactment of this chapter, the 
 Register of Copyrights and the Assistant Secretary for 
 Communications and Information of the Department of Commerce 
 shall jointly report to the Congress on the effect this 
 subsection has had on--
 ``(A) encryption research and the development of 
 encryption technology;
 ``(B) the adequacy and effectiveness of 
 technological measures designed to protect copyrighted 
 works; and
 ``(C) protection of copyright owners against the 
 unauthorized access to their encrypted copyrighted 
 works.
 The report shall include legislative recommendations, if any.
 
 ``(h) Exceptions Regarding Minors.--In applying subsection (a) to a 
component or part, the court may consider the necessity for its intended 
and actual incorporation in a technology, product, service, or device, 
which--
 ``(1) does not itself violate the provisions of this title; 
 and
 ``(2) has the sole purpose to prevent the access of minors 
 to material on the Internet.
 
 ``(i) Protection of Personally Identifying Information.--
 (1) Circumvention permitted.--Notwithstanding the provisions 
 of subsection (a)(1)(A), it is not a violation of that 
 subsection for a person to circumvent a technological measure 
 that effectively controls access to a work protected under this 
 title, if--
 ``(A) the technological measure, or the work it 
 protects, contains the capability of collecting or 
 disseminating personally identifying information 
 reflecting the online activities of a natural person who 
  seeks to gain access to the work protected;
 
[[Page 112 STAT. 2869]]
 
 ``(B) in the normal course of its operation, the 
 technological measure, or the work it protects, collects 
 or disseminates personally identifying information about 
 the person who seeks to gain access to the work 
 protected, without providing conspicuous notice of such 
 collection or dissemination to such person, and without 
 providing such person with the capability to prevent or 
 restrict such collection or dissemination;
 ``(C) the act of circumvention has the sole effect 
 of identifying and disabling the capability described in 
 subparagraph (A), and has no other effect on the ability 
 of any person to gain access to any work; and
 ``(D) the act of circumvention is carried out solely 
  for the purpose of preventing the collection or 
 dissemination of personally identifying information 
 about a natural person who seeks to gain access to the 
 work protected, and is not in violation of any other 
 law.
 ``(2) Inapplicability to certain technological measures.--
 This subsection does not apply to a technological measure, or a 
 work it protects, that does not collect or disseminate 
 personally identifying information and that is disclosed to a 
 user as not having or using such capability.
 
 ``( j) Security Testing.--
 ``(1) Definition.--For purposes of this subsection, the term 
 `security testing' means accessing a computer, computer system, 
 or computer network, solely for the purpose of good faith 
 testing, investigating, or correcting, a security flaw or 
 vulnerability, with the authorization of the owner or operator 
 of such computer, computer system, or computer network.
 ``(2) Permissible acts of security testing.--Notwithstanding 
 the provisions of subsection (a)(1)(A), it is not a violation of 
 that subsection for a person to engage in an act of security 
 testing, if such act does not constitute infringement under this 
 title or a violation of applicable law other than this section, 
 including section 1030 of title 18 and those provisions of title 
 18 amended by the Computer Fraud and Abuse Act of 1986.
 ``(3) Factors in determining exemption.--In determining 
 whether a person qualifies for the exemption under paragraph 
 (2), the factors to be considered shall include--
 ``(A) whether the information derived from the 
 security testing was used solely to promote the security 
 of the owner or operator of such computer, computer 
 system or computer network, or shared directly with the 
 developer of such computer, computer system, or computer 
 network; and
 ``(B) whether the information derived from the 
 security testing was used or maintained in a manner that 
 does not facilitate infringement under this title or a 
 violation of applicable law other than this section, 
 including a violation of privacy or breach of security.
 ``(4) Use of technological means for security testing.--
 Notwithstanding the provisions of subsection (a)(2), it is not a 
 violation of that subsection for a person to develop, produce, 
 distribute or employ technological means for the sole purpose of 
 performing the acts of security testing described
 
[[Page 112 STAT. 2870]]
 
 in subsection (2), provided such technological means does not 
 otherwise violate section (a)(2).
 
 ``(k) Certain Analog Devices and Certain Technological Measures.--
 ``(1) Certain analog devices.--
 ``(A) <<NOTE: Effective date.>> Effective 18 months 
 after the date of the enactment of this chapter, no 
 person shall manufacture, import, offer to the public, 
 provide or otherwise traffic in any--
 ``(i) VHS format analog video cassette 
 recorder unless such recorder conforms to the 
 automatic gain control copy control technology;
 ``(ii) 8mm format analog video cassette 
 camcorder unless such camcorder conforms to the 
 automatic gain control technology;
 ``(iii) Beta format analog video cassette 
 recorder, unless such recorder conforms to the 
 automatic gain control copy control technology, 
 except that this requirement shall not apply until 
 there are 1,000 Beta format analog video cassette 
 recorders sold in the United States in any one 
 calendar year after the date of the enactment of 
 this chapter;
 ``(iv) 8mm format analog video cassette 
 recorder that is not an analog video cassette 
 camcorder, unless such recorder conforms to the 
  automatic gain control copy control technology, 
 except that this requirement shall not apply until 
 there are 20,000 such recorders sold in the United 
 States in any one calendar year after the date of 
 the enactment of this chapter; or
 ``(v) analog video cassette recorder that 
 records using an NTSC format video input and that 
 is not otherwise covered under clauses (i) through 
 (iv), unless such device conforms to the automatic 
 gain control copy control technology.
 ``(B) <<NOTE: Effective date.>> Effective on the 
  date of the enactment of this chapter, no person shall 
 manufacture, import, offer to the public, provide or 
 otherwise traffic in--
 ``(i) any VHS format analog video cassette 
  recorder or any 8mm format analog video cassette 
 recorder if the design of the model of such 
 recorder has been modified after such date of 
 enactment so that a model of recorder that 
 previously conformed to the automatic gain control 
 copy control technology no longer conforms to such 
 technology; or
 ``(ii) any VHS format analog video cassette 
 recorder, or any 8mm format analog video cassette 
 recorder that is not an 8mm analog video cassette 
 camcorder, if the design of the model of such 
 recorder has been modified after such date of 
 enactment so that a model of recorder that 
 previously conformed to the four-line colorstripe 
 copy control technology no longer conforms to such 
  technology.
 Manufacturers that have not previously manufactured or 
 sold a VHS format analog video cassette recorder, or an 
 8mm format analog cassette recorder, shall be required 
  to conform to the four-line colorstripe copy control 
 technology in the initial model of any such recorder 
 manufactured after the date of the enactment of this 
 chapter,
 
[[Page 112 STAT. 2871]]
 
  and thereafter to continue conforming to the four-line 
 colorstripe copy control technology. For purposes of 
 this subparagraph, an analog video cassette recorder 
 `conforms to' the four-line colorstripe copy control 
 technology if it records a signal that, when played back 
 by the playback function of that recorder in the normal 
 viewing mode, exhibits, on a reference display device, a 
  display containing distracting visible lines through 
 portions of the viewable picture.
 ``(2) Certain encoding restrictions.--No person shall apply 
 the automatic gain control copy control technology or 
 colorstripe copy control technology to prevent or limit consumer 
 copying except such copying--
 ``(A) of a single transmission, or specified group 
 of transmissions, of live events or of audiovisual works 
  for which a member of the public has exercised choice in 
 selecting the transmissions, including the content of 
 the transmissions or the time of receipt of such 
 transmissions, or both, and as to which such member is 
 charged a separate fee for each such transmission or 
 specified group of transmissions;
 ``(B) from a copy of a transmission of a live event 
 or an audiovisual work if such transmission is provided 
 by a channel or service where payment is made by a 
 member of the public for such channel or service in the 
 form of a subscription fee that entitles the member of 
 the public to receive all of the programming contained 
 in such channel or service;
 ``(C) from a physical medium containing one or more 
 prerecorded audiovisual works; or
 ``(D) from a copy of a transmission described in 
 subparagraph (A) or from a copy made from a physical 
 medium described in subparagraph (C).
 In the event that a transmission meets both the conditions set 
 forth in subparagraph (A) and those set forth in subparagraph 
 (B), the transmission shall be treated as a transmission 
 described in subparagraph (A).
 ``(3) Inapplicability.--This subsection shall not--
 ``(A) require any analog video cassette camcorder to 
 conform to the automatic gain control copy control 
 technology with respect to any video signal received 
 through a camera lens;
 ``(B) apply to the manufacture, importation, offer 
 for sale, provision of, or other trafficking in, any 
 professional analog video cassette recorder; or
 ``(C) apply to the offer for sale or provision of, 
 or other trafficking in, any previously owned analog 
 video cassette recorder, if such recorder was legally 
 manufactured and sold when new and not subsequently 
 modified in violation of paragraph (1)(B).
  ``(4) Definitions.--For purposes of this subsection:
 ``(A) An `analog video cassette recorder' means a 
 device that records, or a device that includes a 
 function that records, on electromagnetic tape in an 
 analog format the electronic impulses produced by the 
 video and audio portions of a television program, motion 
 picture, or other form of audiovisual work.
 
[[Page 112 STAT. 2872]]
 
  ``(B) An `analog video cassette camcorder' means an 
 analog video cassette recorder that contains a recording 
 function that operates through a camera lens and through 
 a video input that may be connected with a television or 
 other video playback device.
 ``(C) An analog video cassette recorder `conforms' 
 to the automatic gain control copy control technology if 
 it--
  ``(i) detects one or more of the elements of 
 such technology and does not record the motion 
 picture or transmission protected by such 
 technology; or
 ``(ii) records a signal that, when played 
 back, exhibits a meaningfully distorted or 
 degraded display.
 ``(D) The term `professional analog video cassette 
 recorder' means an analog video cassette recorder that 
 is designed, manufactured, marketed, and intended for 
 use by a person who regularly employs such a device for 
 a lawful business or industrial use, including making, 
 performing, displaying, distributing, or transmitting 
 copies of motion pictures on a commercial scale.
 ``(E) The terms `VHS format', `8mm format', `Beta 
 format', `automatic gain control copy control 
 technology', `colorstripe copy control technology', 
 `four-line version of the colorstripe copy control 
 technology', and `NTSC' have the meanings that are 
 commonly understood in the consumer electronics and 
 motion picture industries as of the date of the 
 enactment of this chapter.
 ``(5) Violations.--Any violation of paragraph (1) of this 
 subsection shall be treated as a violation of subsection (b)(1) 
 of this section. Any violation of paragraph (2) of this 
 subsection shall be deemed an `act of circumvention' for the 
 purposes of section 1203(c)(3)(A) of this chapter.
 
``Sec. 1202. Integrity of copyright management information
 
 ``(a) False Copyright Management Information.--No person shall 
knowingly and with the intent to induce, enable, facilitate, or conceal 
infringement--
 ``(1) provide copyright management information that is 
 false, or
 ``(2) distribute or import for distribution copyright 
 management information that is false.
 
 ``(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 copyright 
 management information knowing that the copyright management 
 information has been removed or altered without authority of the 
 copyright owner or the law, or
 ``(3) distribute, import for distribution, or publicly 
 perform works, copies of works, or phonorecords, knowing that 
 copyright management information has been removed or altered 
 without 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 induce, enable, facilitate, or 
conceal an infringement of any right under this title.
 
[[Page 112 STAT. 2873]]
 
 ``(c) Definition.--As used in this section, the term `copyright 
management information' means any of the following information conveyed 
in connection with copies or phonorecords of a work or performances or 
displays of a work, including in digital form, except that such term 
does not include any personally identifying information about a user of 
a work or of a copy, phonorecord, performance, or display of a work:
 ``(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 information about, 
 the author of a work.
 ``(3) The name of, and other identifying information about, 
 the copyright owner of the work, including the information set 
 forth in a notice of copyright.
 ``(4) With the exception of public performances of works by 
 radio and television broadcast stations, the name of, and other 
 identifying information about, a performer whose performance is 
 fixed in a work other than an audiovisual work.
 ``(5) With the exception of public performances of works by 
 radio and television broadcast stations, in the case of an 
 audiovisual work, the name of, and other identifying information 
  about, a writer, performer, or director who is credited in the 
 audiovisual work.
 ``(6) Terms and conditions for use of the work.
 ``(7) Identifying numbers or symbols referring to such 
 information or links to such information.
 ``(8) Such other information as the Register of Copyrights 
 may prescribe by regulation, except that the Register of 
 Copyrights may not require the provision of any information 
 concerning the user of a copyrighted work.
 
 ``(d) Law Enforcement, Intelligence, and Other Government 
Activities.--This section does not prohibit any lawfully authorized 
investigative, protective, information security, or intelligence 
activity of an officer, agent, or employee of the United States, a 
State, or a political subdivision of a State, or a person acting 
pursuant to a contract with the United States, a State, or a political 
subdivision of a State. For purposes of this subsection, the term 
`information security' means activities carried out in order to identify 
and address the vulnerabilities of a government computer, computer 
system, or computer network.
 ``(e) Limitations on Liability.--
 ``(1) Analog transmissions.--In the case of an analog 
 transmission, a person who is making transmissions in its 
 capacity as a broadcast station, or as a cable system, or 
 someone who provides programming to such station or system, 
 shall not be liable for a violation of subsection (b) if--
 ``(A) avoiding the activity that constitutes such 
 violation is not technically feasible or would create an 
 undue financial hardship on such person; and
  ``(B) such person did not intend, by engaging in 
 such activity, to induce, enable, facilitate, or conceal 
 infringement of a right under this title.
 ``(2) Digital transmissions.--
 ``(A) If a digital transmission standard for the 
 placement of copyright management information for a 
 category of works is set in a voluntary, consensus 
 standard-setting process involving a representative 
  cross-section of broadcast
 
[[Page 112 STAT. 2874]]
 
 stations or cable systems and copyright owners of a 
 category of works that are intended for public 
 performance by such stations or systems, a person 
 identified in paragraph (1) shall not be liable for a 
 violation of subsection (b) with respect to the 
 particular copyright management information addressed by 
 such standard if--
  ``(i) the placement of such information by 
 someone other than such person is not in 
 accordance with such standard; and
 ``(ii) the activity that constitutes such 
  violation is not intended to induce, enable, 
 facilitate, or conceal infringement of a right 
 under this title.
 ``(B) Until a digital transmission standard has been 
  set pursuant to subparagraph (A) with respect to the 
 placement of copyright management information for a 
 category or works, a person identified in paragraph (1) 
 shall not be liable for a violation of subsection (b) 
 with respect to such copyright management information, 
 if the activity that constitutes such violation is not 
 intended to induce, enable, facilitate, or conceal 
 infringement of a right under this title, and if--
 ``(i) the transmission of such information by 
 such person would result in a perceptible visual 
 or aural degradation of the digital signal; or
 ``(ii) the transmission of such information by 
 such person would conflict with--
 ``(I) an applicable government 
 regulation relating to transmission of 
 information in a digital signal;
 ``(II) an applicable industry-wide 
 standard relating to the transmission of 
  information in a digital signal that was 
 adopted by a voluntary consensus 
 standards body prior to the effective 
 date of this chapter; or
  ``(III) an applicable industry-wide 
 standard relating to the transmission of 
 information in a digital signal that was 
 adopted in a voluntary, consensus 
 standards-setting process open to 
 participation by a representative cross-
 section of broadcast stations or cable 
  systems and copyright owners of a 
 category of works that are intended for 
 public performance by such stations or 
 systems.
 ``(3) Definitions.--As used in this subsection--
 ``(A) the term `broadcast station' has the meaning 
 given that term in section 3 of the Communications Act 
 of 1934 (47 U.S.C. 153); and
 ``(B) the term `cable system' has the meaning given 
 that term in section 602 of the Communications Act of 
 1934 (47 U.S.C. 522).
 
``Sec. 1203. Civil remedies
 
 ``(a) Civil Actions.--Any person injured by a violation of section 
1201 or 1202 may bring a civil action in an appropriate United States 
district court for such violation.
 ``(b) Powers of the Court.--In an action brought under subsection 
(a), the court--
 
[[Page 112 STAT. 2875]]
 
 ``(1) may grant temporary and permanent injunctions on such 
 terms as it deems reasonable to prevent or restrain a violation, 
 but in no event shall impose a prior restraint on free speech or 
 the press protected under the 1st amendment to the Constitution;
 ``(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 attorney'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 provided in this 
 title, a person committing a violation of section 1201 or 1202 
 is liable for either--
 ``(A) the actual damages and any additional 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, offer, or performance 
 of service, as the court considers just.
 ``(B) 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 1202 in the sum of not 
 less than $2,500 or more than $25,000.
 ``(4) Repeated violations.--In any case in which the injured 
 party sustains the burden of proving, and the court finds, that 
 a person has violated section 1201 or 1202 within 3 years after 
 a final judgment was entered against the person for another such 
 violation, the court may increase the award of damages up to 
 triple the amount that would otherwise be awarded, as the court 
 considers just.
 ``(5) Innocent violations.--
 ``(A) In general.--The court in its discretion may 
 reduce or remit the total award of damages in any case 
 in which the violator sustains the burden of proving, 
 and
 
[[Page 112 STAT. 2876]]
 
  the court finds, that the violator was not aware and had 
 no reason to believe that its acts constituted a 
 violation.
 ``(B) Nonprofit library, archives, or educational 
 institutions.--In the case of a nonprofit library, 
 archives, or educational institution, the court shall 
 remit damages in any case in which the library, 
 archives, or educational institution sustains the burden 
  of proving, and the court finds, that the library, 
 archives, or educational institution was not aware and 
 had no reason to believe that its acts constituted a 
 violation.
 
``Sec. 1204. Criminal offenses and penalties
 
 ``(a) In General.--Any person who violates section 1201 or 1202 
willfully and for purposes of commercial advantage or private financial 
gain--
 ``(1) shall be fined not more than $500,000 or imprisoned 
 for not more than 5 years, or both, for the first offense; and
 ``(2) shall be fined not more than $1,000,000 or imprisoned 
 for not more than 10 years, or both, for any subsequent offense.
 
 ``(b) Limitation for Nonprofit Library, Archives, or Educational 
Institution.--Subsection (a) shall not apply to a nonprofit library, 
archives, or educational institution.
 ``(c) Statute of Limitations.--No criminal proceeding shall be 
brought under this section unless such proceeding is commenced within 5 
years after the cause of action arose.
 
``Sec. 1205. Savings clause
 
 ``Nothing in this chapter abrogates, diminishes, or weakens the 
provisions of, nor provides any defense or element of mitigation in a 
criminal prosecution or civil action under, any Federal or State law 
that prevents the violation of the privacy of an individual in 
connection with the individual's use of the Internet.''.
 (b) Conforming Amendment.--The table of chapters for title 17, 
United States Code, is amended by adding after the item relating to 
chapter 11 the following:
 
``12. Copyright Protection and Management Systems................1201''.
 
SEC. 104. <<NOTE: 17 USC 109 note.>> EVALUATION OF IMPACT OF COPYRIGHT 
 LAW AND AMENDMENTS ON ELECTRONIC COMMERCE AND TECHNOLOGICAL 
 DEVELOPMENT.
 
 (a) Evaluation by the Register of Copyrights and the Assistant 
Secretary for Communications and Information.--The Register of 
Copyrights and the Assistant Secretary for Communications and 
Information of the Department of Commerce shall jointly evaluate--
 (1) the effects of the amendments made by this title and the 
 development of electronic commerce and associated technology on 
  the operation of sections 109 and 117 of title 17, United States 
 Code; and
 (2) the relationship between existing and emergent 
 technology and the operation of sections 109 and 117 of title 
 17, United States Code.
 
 (b) Report <<NOTE: Deadline.>> to Congress.--The Register of 
Copyrights and the Assistant Secretary for Communications and 
Information of the Department of Commerce shall, not later than 24 
months after the date of the enactment of this Act, submit to the 
Congress a joint report on the evaluation conducted under subsection 
(a),
 
[[Page 112 STAT. 2877]]
 
including any legislative recommendations the Register and the Assistant 
Secretary may have.
 
SEC. 105. <<NOTE: 17 USC 101 note.>> EFFECTIVE DATE.
 
 (a) In General.--Except as otherwise provided in this title, this 
title and the amendments made by this title shall take effect on the 
date of the enactment of this Act.
 (b) Amendments Relating to Certain International Agreements.--(1) 
The following shall take effect upon the entry into force of the WIPO 
Copyright Treaty with respect to the United States:
 (A) Paragraph (5) of the definition of ``international 
 agreement'' contained in section 101 of title 17, United States 
 Code, as amended by section 102(a)(4) of this Act.
 (B) The amendment made by section 102(a)(6) of this Act.
 (C) Subparagraph (C) of section 104A(h)(1) of title 17, 
 United States Code, as amended by section 102(c)(1) of this Act.
 (D) Subparagraph (C) of section 104A(h)(3) of title 17, 
 United States Code, as amended by section 102(c)(2) of this Act.
 
 (2) The following shall take effect upon the entry into force of the 
WIPO Performances and Phonograms Treaty with respect to the United 
States:
 (A) Paragraph (6) of the definition of ``international 
 agreement'' contained in section 101 of title 17, United States 
 Code, as amended by section 102(a)(4) of this Act.
  (B) The amendment made by section 102(a)(7) of this Act.
 (C) The amendment made by section 102(b)(2) of this Act.
 (D) Subparagraph (D) of section 104A(h)(1) of title 17, 
 United States Code, as amended by section 102(c)(1) of this Act.
 (E) Subparagraph (D) of section 104A(h)(3) of title 17, 
 United States Code, as amended by section 102(c)(2) of this Act.
 (F) The amendments made by section 102(c)(3) of this Act.
 
 TITLE II--ONLINE <<NOTE: Online Copyright Infringement Liability 
Limitation Act.>> COPYRIGHT INFRINGEMENT LIABILITY LIMITATION
 
SEC. 201. <<NOTE: 17 USC 101 note.>> SHORT TITLE.
 
 This title may be cited as the ``Online Copyright Infringement 
Liability Limitation Act''.
 
SEC. 202. LIMITATIONS ON LIABILITY FOR COPYRIGHT INFRINGEMENT.
 
 (a) In General.--Chapter 5 of title 17, United States Code, is 
amended by adding after section 511 the following new section:
 
``Sec. 512. Limitations on liability relating to material online
 
 ``(a) Transitory Digital Network Communications.--A service provider 
shall not be liable for monetary relief, or, except as provided in 
subsection ( j), for injunctive or other equitable relief,
 
[[Page 112 STAT. 2878]]
 
for infringement of copyright by reason of the provider's transmitting, 
routing, or providing connections for, material through a system or 
network controlled or operated by or for the service provider, or by 
reason of the intermediate and transient storage of that material in the 
course of such transmitting, routing, or providing connections, if--
 ``(1) the transmission of the material was initiated by or 
 at the direction of a person other than the service provider;
 ``(2) the transmission, routing, provision of connections, 
 or storage is carried out through an automatic technical process 
 without selection of the material by the service provider;
 ``(3) the service provider does not select the recipients of 
 the material except as an automatic response to the request of 
 another person;
 ``(4) no copy of the material made by the service provider 
 in the course of such intermediate or transient storage is 
 maintained on the system or network in a manner ordinarily 
 accessible to anyone other than anticipated recipients, and no 
 such copy is maintained on the system or network in a manner 
 ordinarily accessible to such anticipated recipients for a 
 longer period than is reasonably necessary for the transmission, 
 routing, or provision of connections; and
 ``(5) the material is transmitted through the system or 
  network without modification of its content.
 
 ``(b) System Caching.--
 ``(1) Limitation on liability.--A service provider shall not 
 be liable for monetary relief, or, except as provided in 
 subsection ( j), for injunctive or other equitable relief, for 
 infringement of copyright by reason of the intermediate and 
 temporary storage of material on a system or network controlled 
 or operated by or for the service provider in a case in which--
  ``(A) the material is made available online by a 
 person other than the service provider;
 ``(B) the material is transmitted from the person 
 described in subparagraph (A) through the system or 
 network to a person other than the person described in 
 subparagraph (A) at the direction of that other person; 
 and
 ``(C) the storage is carried out through an 
 automatic technical process for the purpose of making 
 the material available to users of the system or network 
 who, after the material is transmitted as described in 
 subparagraph (B), request access to the material from 
 the person described in subparagraph (A),
 if the conditions set forth in paragraph (2) are met.
 (2) Conditions.--The conditions referred to in paragraph (1) 
 are that--
 ``(A) the material described in paragraph (1) is 
 transmitted to the subsequent users described in 
 paragraph (1)(C) without modification to its content 
 from the manner in which the material was transmitted 
 from the person described in paragraph (1)(A);
 ``(B) the service provider described in paragraph 
 (1) complies with rules concerning the refreshing, 
 reloading, or other updating of the material when 
 specified by the person making the material available 
 online in accordance
 
[[Page 112 STAT. 2879]]
 
 with a generally accepted industry standard data 
 communications protocol for the system or network 
 through which that person makes the material available, 
 except that this subparagraph applies only if those 
 rules are not used by the person described in paragraph 
 (1)(A) to prevent or unreasonably impair the 
 intermediate storage to which this subsection applies;
 ``(C) the service provider does not interfere with 
 the ability of technology associated with the material 
 to return to the person described in paragraph (1)(A) 
 the information that would have been available to that 
 person if the material had been obtained by the 
 subsequent users described in paragraph (1)(C) directly 
 from that person, except that this subparagraph applies 
 only if that technology--
 ``(i) does not significantly interfere with 
 the performance of the provider's system or 
 network or with the intermediate storage of the 
 material;
 ``(ii) is consistent with generally accepted 
 industry standard communications protocols; and
 ``(iii) does not extract information from the 
 provider's system or network other than the 
 information that would have been available to the 
  person described in paragraph (1)(A) if the 
 subsequent users had gained access to the material 
 directly from that person;
 ``(D) if the person described in paragraph (1)(A) 
  has in effect a condition that a person must meet prior 
 to having access to the material, such as a condition 
 based on payment of a fee or provision of a password or 
 other information, the service provider permits access 
 to the stored material in significant part only to users 
 of its system or network that have met those conditions 
 and only in accordance with those conditions; and
  ``(E) if the person described in paragraph (1)(A) 
 makes that material available online without the 
 authorization of the copyright owner of the material, 
 the service provider responds expeditiously to remove, 
 or disable access to, the material that is claimed to be 
 infringing upon notification of claimed infringement as 
 described in subsection (c)(3), except that this 
 subparagraph applies only if--
 ``(i) the material has previously been removed 
 from the originating site or access to it has been 
 disabled, or a court has ordered that the material 
  be removed from the originating site or that 
 access to the material on the originating site be 
 disabled; and
 ``(ii) the party giving the notification 
  includes in the notification a statement 
 confirming that the material has been removed from 
 the originating site or access to it has been 
 disabled or that a court has ordered that the 
 material be removed from the originating site or 
 that access to the material on the originating 
 site be disabled.
 ``(c) Information Residing on Systems or Networks At 
  Direction of Users.--
 ``(1) In general.--A service provider shall not be liable 
 for monetary relief, or, except as provided in subsection ( j), 
 for injunctive or other equitable relief, for infringement of 
 copyright by reason of the storage at the direction of a user of
 
[[Page 112 STAT. 2880]]
 
 material that resides on a system or network controlled or 
 operated by or for the service provider, if the service 
 provider--
  ``(A)(i) does not have actual knowledge that the 
 material or an activity using the material on the system 
 or network is infringing;
 ``(ii) in the absence of such actual knowledge, is 
 not aware of facts or circumstances from which 
 infringing activity is apparent; or
 ``(iii) upon obtaining such knowledge or awareness, 
 acts expeditiously to remove, or disable access to, the 
  material;
 ``(B) does not receive a financial benefit directly 
 attributable to the infringing activity, in a case in 
 which the service provider has the right and ability to 
 control such activity; and
 ``(C) upon notification of claimed infringement as 
 described in paragraph (3), responds expeditiously to 
 remove, or disable access to, the material that is 
 claimed to be infringing or to be the subject of 
 infringing activity.
 ``(2) Designated agent.--The limitations on liability 
 established in this subsection apply to a service provider only 
 if the service provider has designated an agent to receive 
 notifications of claimed infringement described in paragraph 
 (3), by making available through its service, including on its 
 website in a location accessible to the public, and by providing 
 to the Copyright Office, substantially the following 
 information:
 ``(A) the name, address, phone number, and 
 electronic mail address of the agent.
 ``(B) other contact information which the Register 
 of Copyrights may deem appropriate.
 The <<NOTE: Records. Public information.>> Register of 
 Copyrights shall maintain a current directory of agents 
 available to the public for inspection, including through the 
 Internet, in both electronic and hard copy formats, and may 
 require payment of a fee by service providers to cover the costs 
 of maintaining the directory.
 ``(3) Elements of notification.--
 ``(A) To be effective under this subsection, a 
 notification of claimed infringement must be a written 
 communication provided to the designated agent of a 
  service provider that includes substantially the 
 following:
 ``(i) A physical or electronic signature of a 
 person authorized to act on behalf of the owner of 
 an exclusive right that is allegedly infringed.
 ``(ii) Identification of the copyrighted work 
 claimed to have been infringed, or, if multiple 
 copyrighted works at a single online site are 
  covered by a single notification, a representative 
 list of such works at that site.
 ``(iii) Identification of the material that is 
 claimed to be infringing or to be the subject of 
 infringing activity and that is to be removed or 
 access to which is to be disabled, and information 
 reasonably sufficient to permit the service 
 provider to locate the material.
 ``(iv) Information reasonably sufficient to 
 permit the service provider to contact the 
 complaining party, such as an address, telephone 
  number, and, if available, an electronic mail 
 address at which the complaining party may be 
 contacted.
 
[[Page 112 STAT. 2881]]
 
 ``(v) A statement that the complaining party 
  has a good faith belief that use of the material 
 in the manner complained of is not authorized by 
 the copyright owner, its agent, or the law.
 ``(vi) A statement that the information in the 
 notification is accurate, and under penalty of 
 perjury, that the complaining party is authorized 
 to act on behalf of the owner of an exclusive 
  right that is allegedly infringed.
 ``(B)(i) Subject to clause (ii), a notification from 
 a copyright owner or from a person authorized to act on 
 behalf of the copyright owner that fails to comply 
  substantially with the provisions of subparagraph (A) 
 shall not be considered under paragraph (1)(A) in 
 determining whether a service provider has actual 
 knowledge or is aware of facts or circumstances from 
 which infringing activity is apparent.
 ``(ii) In a case in which the notification that is