The Digital Millennium Copyright Act of 1998

Page Miller in her most recent NCC update had the following summary about Senator Hatch's proposed replacement for the WIPO implementation treaty bills. My question: does anyone know where a current draft of "The Digital Millennium Copyright Act of 1998" discussed in this message is posted? I checked the Digital Futures Coalition website <http://www.dfc.org/>, but while they note the legislation appears to be fast-tracked, they do not have a copy.

Miller's summary follows:

 Senate Judiciary Committee Discusses Digital Copyright Legislation --  On April 23 the Senate Judiciary Committee met. One of the items on the  agenda was "The Digital Millennium Copyright Act of 1998." Although this  bill has not yet been introduced, Senator Hatch (R-UT), the chair of the  Senate Judiciary Committee, has for the last month been circulating draft  copies. He has worked closely with Senator Patrick Leahy (D-VT), the  ranking Democrat on the committee, and Senator John Ashcroft (R-MO), who  introduced a bill last fall, S1146, the Digital Copyright Clarification  and Technology Education Act of 1997, which not only deals with the  implementation of the World Intellectual Property Organization treaties  but also with the use of digital technology for educational purposes.  

 Hatch's draft bill merges the treaty implementation and the on-line  service provider legislation into one bill. Additionally he has added a  new section that clarifies that certain accepted computer maintenance and  repair operations are not an infringement of copyright. In his statement  accompanying the bill, Hatch stressed that the bill "is designed to  facilitate the robust development and world-wide expansion of electronic  commerce, communications, research, development, and education in the  digital age." Hatch stressed that this bill is not only for the

 entertainment industry but also for education. During the committee's  discussion, Senators Robert Torricelli (D-NJ) and Ashcroft voiced the  concerns of the library and education communities that the legislation  balance the rights of copyright creators and users. While many members of  the committee have focused on the commercial implications of the bill,  there is a recognition among committee members that sections related to  preservation of library and archival material and distance learning also  need to be addressed.  

 Hatch announced that there would be a one week time frame for negotiating  on accepted preservation practices, distance learning, refinement of the  on-line provider liability provision, and other unresolved issues. He  plans to place this bill on the agenda for the Judiciary Committee's  April 30 meeting, at which time he hopes that the committee will recommend  a negotiated bill for consideration by the full Senate.

Peter B. Hirtle
pbh6[_at_]cornell.edu Received on Mon Apr 27 1998 - 20:58:50 GMT