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`Digital Millennium Copyright Act'

One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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.

SECTION 1. SHORT TITLE.

SEC. 2. TABLE OF CONTENTS.

TITLE I--WIPO TREATIES IMPLEMENTATION

TITLE II--ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION

TITLE III--COMPUTER MAINTENANCE OR REPAIR COPYRIGHT EXEMPTION

TITLE IV--MISCELLANEOUS PROVISIONS

TITLE V--PROTECTION OF CERTAIN ORIGINAL DESIGNS

TITLE I--WIPO TREATIES IMPLEMENTATION

SEC. 101. SHORT TITLE.

SEC. 102. TECHNICAL AMENDMENTS.

SEC. 103. COPYRIGHT PROTECTION SYSTEMS AND COPYRIGHT MANAGEMENT INFORMATION.

`CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

`Sec.

`Sec. 1201. Circumvention of copyright protection systems

`Sec. 1202. Integrity of copyright management information

`Sec. 1203. Civil remedies

`Sec. 1204. Criminal offenses and penalties

`Sec. 1205. Savings clause

1201'.

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. 512. Limitations on liability relating to material online

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.

`(aa) in digital format that regularly exceed the sound recording performance complement; or

`(bb) in analog format, a substantial portion of which, on a weekly basis, exceed the sound recording performance complement; and

`(aa) more than 3 times in any 2-week period that have been publicly announced in advance, in the case of a program of less than 1 hour in duration, or

`(bb) more than 4 times in any 2-week period that have been publicly announced in advance, in the case of a program of 1 hour or more in duration,