text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Digital Era Copyright Enhancement 
  Act''.
  
  SEC. 2. FAIR USE.
  
      (a) Transmissions.--The first sentence of section 107 of title 17, 
  United States Code, is amended by inserting after ``or by any other 
  means specified in that section,'' the following: ``and by analog or 
  digital transmission,''; and
      (b) Determination.--Section 107 of title 17, United States Code, is 
  amended by adding at the end thereof the following:
  ``In making a determination concerning fair use, no independent weight 
  shall be afforded to--
              ``(1) the means by which the work has been performed, 
          displayed or distributed under the authority of the copyright 
          owner; or
              ``(2) the application of an effective technological measure 
          (as defined under section 1201(c)) to the work.''.
  
  SEC. 3. LIBRARY/ARCHIVE EXEMPTIONS.
  
      Section 108 of title 17, United States Code, is amended--
              (1) by striking ``Notwithstanding'' at the beginning of 
          subsection (a) and inserting: ``Except as otherwise provided 
          and notwithstanding'';
              (2) by inserting after ``copyright'' in subsection (a)(3): 
          ``if such notice appears on the copy or phonorecord that is 
          reproduced under the provisions of this section'';
              (3) in subsection (b) by--
                      (A) deleting ``a copy or phonorecord'' and 
                  inserting in lieu thereof: ``three copies or 
                  phonorecords''; and
                      (B) deleting ``in facsimile form''; and
              (4) in subsection (c) by--
                      (A) deleting ``a copy or phonorecord'' and 
                  inserting in lieu thereof: ``three copies or 
                  phonorecords'';
                      (B) deleting ``in facsimile form''; and
                      (C) inserting ``or if the existing format in which 
                  the work is stored has become obsolete,'' after 
                  ``stolen,''.
  
  SEC. 4. FIRST SALE.
  
      Section 109 of title 17, United States Code, is amended by adding 
  the following new subsection at the end thereof:
      ``(f) The authorization for use set forth in subsection (a) applies 
  where the owner of a particular copy or phonorecord in a digital format 
  lawfully made under this title, or any person authorized by such owner, 
  performs, displays or distributes the work by means of transmission to 
  a single recipient, if that person erases or destroys his or her copy 
  or phonorecord at substantially the same time. The reproduction of the 
  work, to the extent necessary for such performance, display, 
  distribution, is not an infringement.''.
  
  SEC. 5. DISTANCE LEARNING.
  
      (a) Title Change.--The title of section 110 of title 17, United 
  States Code, is amended to read as follows:
  ``Sec. 110. Limitations on exclusive rights: Exemption of certain 
                activities'';
      (b) Performance, Display and Distribution of a Work.--Section 
  110(2) of title 17, United States Code, is amended to read as follows:
              ``(2) performance, display or distribution of a work, by or 
          in the course of an analog or digital transmission, if--
                      ``(A) the performance, display or distribution is a 
                  regular part of the systematic instructional activities 
                  of a governmental body or a nonprofit educational 
                  institution;
                      ``(B) the performance, display or distribution is 
                  directly related and of material assistance to the 
                  teaching content of the transmission; and
                      ``(C) the work is provided for reception by--
                              ``(i) students officially enrolled in the 
                          course in connection with which it is provided; 
                          or
                              ``(ii) officers or employees of 
                          governmental bodies as part of their official 
                          duties or employment;''
      (c) Ephemeral Recordings of Works.--Section 112(b) of title 17, 
  United States Code, is amended by deleting ``transmit a performance or 
  display of'' and inserting in lieu thereof: ``perform, display or 
  distribute''.
  
  SEC. 6. LIMITATIONS ON EXCLUSIVE RIGHTS.
  
      (a) Title.--The title of section 117 of title 17, United States 
  Code, is amended to read as follows:
  ``Sec. Limitations on exclusive rights: Computer programs and digital 
                copies'';
      (b) Digital Copies.--Section 117 of title 17, United States Code, 
  is amended by inserting ``(a)'' before ``Notwithstanding'' and 
  inserting the following as a new subsection (b):
      ``(b) Notwithstanding the provisions of section 106, it is not an 
  infringement to make a copy of a work in a digital format if such 
  copying--
              ``(1) is incidental to the operation of a device in the 
          course of the use of a work otherwise lawful under this title; 
          and
              ``(2) does not conflict with the normal exploitation of the 
          work and does not unreasonably prejudice the legitimate 
          interests of the author.''.
  
  SEC. 7. PREEMPTION.
  
      Section 301(a) of title 17, United States Code, is amended by 
  inserting the following at the end thereof:
  ``When a work is distributed to the public subject to non-negotiable 
  license terms, such terms shall not be enforceable under the common law 
  or statutes of any state to the extent that they--
              ``(1) limit the reproduction, adaptation, distribution, 
          performance, or display, by means of transmission or otherwise, 
          of material that is uncopyrightable under section 102(b) or 
          otherwise; or
              ``(2) abrogate or restrict the limitations on exclusive 
          rights specified in sections 107 through 114 and sections 117 
          and 118 of this title.''.
  
  SEC. 8. COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS.
  
      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 certain technological measures.
  ``1202. Integrity of copyright management information.
  ``1203. Civil remedies.
  ``Sec. 1201. Circumvention of certain technological measures
      ``(a) Circumvention Conduct.--No person, for the purpose of 
  facilitating or engaging in an act of infringement, shall engage in 
  conduct so as knowingly to remove, deactivate or otherwise circumvent 
  the application or operation of any effective technological measure 
  used by a copyright owner to preclude or limit reproduction of a work 
  or a portion thereof. As used in this subsection, the term `conduct' 
  does not include manufacturing, importing or distributing a device or a 
  computer program.
      ``(b) Conduct Governed by Separate Chapter.--Notwithstanding 
  subsection (a), this section shall not apply with respect to conduct or 
  the offer or performance of a service governed by a separate chapter of 
  this title.
      ``(c) Definition of Effective Technological Measure.--As used in 
  this section, the term `effective technological measure' means a change 
  in the data comprising a work or a copy of a work transmitted in 
  digital format so as to protect the rights of a copyright owner of such 
  work or portion thereof under this title and which--
              ``(1) encrypts or scrambles the work or a portion thereof 
          in the absence of information supplied by the copyright owner; 
          or
              ``(2) includes attributes with respect to access or 
          recording status that cannot be removed without degrading the 
          work or a portion thereof.
  ``Sec. 1202. Integrity of copyright management information
      ``(a) False Copyright Management Information.--No person shall 
  knowingly provide copyright management information that is false, or 
  knowingly publicly distribute or import for distribution copyright 
  management information that is false, with intent to induce, 
  facilitate, or conceal infringement.
      ``(b) Removal or Alteration of Copyright Management Information.--
  No person shall, without authority of the copyright owner or other 
  lawful authority, knowingly and with intent to mislead or to induce or 
  facilitate infringement--
              ``(1) remove or alter any copyright management information;
              ``(2) publicly distribute or import for distribution a copy 
          or phonorecord containing copyright management information that 
          has been altered without authority of the copyright owner or 
          other lawful authority; or
              ``(3) publicly distribute or import for distribution a copy 
          or phonorecord from which copyright management information has 
          been removed without authority of the copyright owner or other 
          lawful authority: Provided, That the conduct governed by this 
          subsection does not include the manufacturing, importing or 
          distributing of a device.
      ``(c) Definition of Copyright Management Information.--As used in 
  this chapter, the term `copyright management information' means the 
  following information in electronic form as carried in or as data 
  accompanying a copy or phonorecord of a work, including in digital 
  form:
              ``(1) The title and other information identifying the work, 
          including the information set forth in a notice of copyright;
              ``(2) The name and other identifying information of the 
          author of the work;
              ``(3) The name and other identifying information of the 
          copyright owner of the work, including the information set 
          forth in a notice of copyright;
              ``(4) Terms and conditions for uses of the work;
              ``(5) Identifying numbers or symbols referring to such 
          information or links to such information; and
              ``(6) Such other identifying information concerning the 
          work as the Register of Copyrights may prescribe by regulation:
  Provided, That the term `copyright management information' does not 
  include the information described in section 1002, section 1201(c), or 
  a chapter of this title other than chapters one through nine of this 
  title: Provided further, That, in order to assure privacy protection, 
  the term `copyright management information' does not include any 
  personally identifiable information relating to the user of a work, 
  including but not limited to the name, account, address or other 
  contact information of or pertaining to the user.
  ``Sec. 1203. Civil remedies
      ``(a) Civil Actions.--Any person aggrieved by a violation of 
  section 1201(a) or 1202 may bring a civil action in an appropriate 
  United States district court against any person for such violation.
      ``(b) Powers of the Court.--In an action brought under subsection 
  (a), the court--
              ``(1) may grant a temporary and a permanent injunction on 
          such terms as it deems reasonable to prevent or restrain a 
          violation;
              ``(2) may grant such other equitable relief as it deems 
          appropriate;
              ``(3) may award damages pursuant to subsection (c);
              ``(4) may allow the recovery of costs by or against any 
          party other than the United States or an officer thereof; and
              ``(5) may award a reasonable attorney's fee to the 
          prevailing party.
      ``(c) Award of Damages.--
              ``(1) In general.--If the court finds that a violation of 
          section 1201(a) or 1202 has occurred, the complaining party may 
          elect either actual damages as computed under paragraph (2) or 
          statutory damages as computed under paragraph (3).
              ``(2) Actual damages.--The court may award to the 
          complaining party the actual damages suffered by him or her 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 instead of statutory damages at any 
          time before final judgment is entered.
              ``(3) Statutory damages.--(A) The court may award to the 
          complaining party statutory damages for each violation of 
          section 1201(a) of not less than $250 or more than $2,500, as 
          the court considers just, if the complaining party elects such 
          damages instead of actual damages at any time before final 
          judgment is entered.
              ``(B) The court may award to the complaining party 
          statutory damages for each violation of section 1202 of not 
          less than $500 or more than $20,000, as the court considers 
          just, if the complaining party elects such damages instead of 
          actual damages at any time before final judgment is entered.
              ``(4) Repeated violations.--In any case in which the court 
          finds that a person has violated section 1201(a) or 1202 within 
          three years after a final judgment against that person for 
          another such violation was entered, the court may increase the 
          award of damaages to not more than double the amount that would 
          otherwise be awarded under paragraph (2) or (3), as the court 
          considers just.
              ``(5) Innocent violation.--The court may reduce or remit 
          altogether the total award of damages that otherwise would be 
          awarded under paragraph (2) or (3) in any case in which the 
          violator sustains the burden of proving, and the court finds, 
          that the violator was not aware and had no reason to believe 
          that its acts constituted a violation of section 1201(a) or 
          1202.''.
  
  SEC. 9. CONFORMING AMENDMENTS.
  
      ``(a) Table of Sections.--The table of sections for chapter 1 of 
  title 17, United States Code, is amended by--
              (1) Revising the item relating to section 110 to read as 
          follows:
  
  ``110. Limitations on exclusive rights: Exemption of certain 
                              activities'';
              and
              (2) Revising the item relating to section 117 to read as 
          follows:
  
  ``117. Limitations on exclusive rights: computer programs and digital 
                              copies''.
      ``(b) Table of Chapters.--The table of chapters for title 17, 
  United States Code, is amended by adding at the end the following:
  
          ``12. Copyright Protection and Management Systems...... 1201''.
  
  SEC. 10. EFFECTIVE DATES.
  
      ``(a) In General.--Sections one through seven and section 9(a) of 
  this Act, and the amendments made by sections one through seven and 
  section 9(a) of this Act, shall take effect on the date of enactment of 
  this Act.
      ``(b) WIPO Treaties.--Section 8 and section 9(b) of this Act, and 
  the amendments made by section 8 and section 9(b) of this Act, shall 
  take effect on the date on which both the World Intellectual Property 
  Organization Copyright Treaty and the World Intellectual Property 
  Organization Performances and Phonograms Treaty have entered into force 
  with respect to the United States.
target: Digital Era Copyright Enhancement Act - Expands the fair use of a copyrighted work to include uses by analog or digital transmission in connection with teaching, research, and other specified activities. 
  Expands certain rights of libraries and archives to reproduce and distribute copies or phonorecords to authorize three copies or phonorecords (currently, one) to be reproduced or distributed for preservation, security, or replacement purposes. 
  Revises certain limitations on exclusive rights to provide that the following are not infringements:  (1) performances, displays, or distributions of copyrighted works by or in the course of analog or digital transmissions in connection with certain distance education activities; and (2) copying works in digital format if such copying is incidental to the operation of a device in the course of the otherwise lawful use of a work, does not conflict with the normal exploitation of the work, and does not unreasonably prejudice the author's interests. 
  Provides that when a work is distributed to the public subject to non-negotiable license terms, such terms shall not be enforceable under the common law or statutes of any State to the extent that they:  (1) limit the reproduction, adaptation, distribution, performance, or display of uncopyrightable material; or (2) abrogate or restrict specified limitations on exclusive rights. 
  Prohibits, for purposes of infringement, the knowing removal, deactivation, or circumvention of technological measures used by a copyright owner to preclude or limit reproduction of a work. 
  Bars the provision or distribution of false copyright management information with the intent to induce or conceal infringement.  Defines "copyright management information" as certain information, including title, name of author and copyright owner, and terms for use of the work, in electronic form as carried in or as data accompanying a copy or a phonorecord of a work. 
  Prohibits the removal or alteration of such information or the distribution of copies or phonorecords so altered with the intent to induce infringement. 
  Establishes civil remedies with respect to violations of technological measure or copyright management information provisions.
feat_title: Digital Era Copyright Enhancement Act