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Union Calendar No. 212
106th CONGRESS
1st Session
H. R. 354
[Report No. 106-349, Part I]
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide protection for
certain collections of information.
_______________________________________________________________________
October 8, 1999
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
Union Calendar No. 212
106th CONGRESS
1st Session
H. R. 354
[Report No. 106-349, Part I]
To amend title 17, United States Code, to provide protection for
certain collections of information.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 19, 1999
Mr. Coble introduced the following bill; which was referred to the
Committee on the Judiciary
September 30, 1999
Reported with an amendment and referred to the Committee on Commerce
for a period ending not later than October 8, 1999, for consideration
of such provisions of the bill and amendment as fall within the
jurisdiction of that committee pursuant to clause 1(f), rule X
[Strike out all after the enacting clause and insert the part printed
in italic]
October 8, 1999
Additional sponsors: Mr. Berman, Mr. Frank of Massachusetts, Mrs. Bono,
Mr. Goodlatte, Mr. Canady of Florida, Mr. Hall of Ohio, Mr. Shows, Mr.
Delahunt, Mr. Wexler, Mrs. Tauscher, Mr. Cannon, Mr. Sununu, Mr.
Hobson, Mr. Foley, Mr. Vento, Mr. Barrett of Nebraska, Mr. Pastor, Mr.
Luther, Mr. Pease, Ms. Pryce of Ohio, Mr. Greenwood, Mr. Coyne, Mr.
Bereuter, Mr. Hutchinson, Mr. Shaw, Mr. Royce, Mr. Meeks of New York,
Mr. Conyers, Mr. Peterson of Minnesota, Mr. Barrett of Wisconsin, Ms.
Jackson-Lee of Texas, Mrs. Myrick, Ms. Granger, Mr. McInnis, Mrs.
Morella, Mr. Ford, Mr. Portman, Ms. Norton, Mr. Minge, Mr. Sherman, Mr.
Hyde, Mr. Regula, Mr. Matsui, Mr. Lantos, Ms. Millender-McDonald, Mr.
Shays, Mr. Weldon of Pennsylvania, Mr. Schaffer, Mr. Goss, Mr. Hall of
Texas, Mr. Petri, Mr. Chabot, Mr. Gary Miller of California, Mr.
Bartlett of Maryland, Mr. Rothman, Mr. Moakley, Mr. Salmon, Ms. Lee,
Mr. George Miller of California, Mr. Filner, Mr. Herger, Mr. Traficant,
Mrs. Maloney of New York, Ms. Berkley, Mr. Linder, Mr. Reynolds, Mr.
Jackson of Illinois, Mr. LaHood, Mr. Bass, Mr. Gallegly, Mr. Sessions,
Mr. Doolittle, Mr. Maloney of Connecticut, Mr. Tancredo, Mrs. Biggert,
and Mr. Barr of Georgia
October 8, 1999
The Committee on Commerce discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January
19, 1999]
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide protection for
certain collections of information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collections of Information
Antipiracy Act''.
SEC. 2. COLLECTIONS OF INFORMATION.
Title 17, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 14--COLLECTIONS OF INFORMATION
``Sec.
``1401. Definitions.
``1402. Prohibition.
``1403. Permitted acts.
``1404. Exclusions.
``1405. Relationship to other laws.
``1406. Civil remedies.
``1407. Criminal offenses and penalties.
``1408. Defense to claims.
``1409. Limitations on actions.
``1410. Study and report.
``Sec. 1401. Definitions
``As used in this chapter:
``(1) Collection of information.--The term `collection of
information' means information that has been collected and has
been organized for the purpose of bringing discrete items of
information together in one place or through one source so that
persons may access them. The term does not include an
individual work which, taken as a whole, is a work of narrative
literary prose, but may include a collection of such works.
``(2) Information.--The term `information' means facts,
data, works of authorship, or any other intangible material
capable of being collected and organized in a systematic way.
``(3) Primary market.--The term `primary market' means all
markets--
``(A) in which a product or service which
incorporates a collection of information is offered;
and
``(B) in which a person claiming protection with
respect to that collection of information under section
1402 derives or reasonably expects to derive revenue,
directly or indirectly.
``(4) Related market.--The term `related market' means any
market--
``(A)(i) in which products or services which
incorporate collections of information similar to a
product or service offered by a person claiming
protection under section 1402 are offered; and
``(ii) in which persons offering such similar
products or services derive or reasonably expect to
derive revenue, directly or indirectly; or
``(B) any market in which a person claiming
protection with respect to a collection of information
under section 1402 has taken demonstrable steps to
offer in commerce within a short period of time a
product or service incorporating that collection of
information with the reasonable expectation to derive
revenue, directly or indirectly.
``(5) Commerce.--The term `commerce' means all commerce
which may be lawfully regulated by the Congress.
``(6) Maintain.--To `maintain' a collection of information
means to update, verify or supplement the information the
collection contains.
``Sec. 1402. Prohibition
``(a) Making Available or Extracting To Make Available.--Any person
who makes available to others, or extracts to make available to others,
all or a substantial part of a collection of information gathered,
organized, or maintained by another person through the investment of
substantial monetary or other resources, so as to cause material harm
to the primary market or a related market of that other person, or a
successor in interest of that other person, for a product or service
that incorporates that collection of information and is offered or
intended to be offered in commerce by that other person, or a successor
in interest of that person, shall be liable to that person or successor
in interest for the remedies set forth in section 1406.
``(b) Other Acts of Extraction.--Any person who extracts all or a
substantial part of a collection of information gathered, organized, or
maintained by another person through the investment of substantial
monetary or other resources, so as to cause material harm to the
primary market of that other person, or a successor in interest of that
other person, for a product or service that incorporates that
collection of information and is offered or intended to be offered in
commerce by that other person, or a successor in interest of that
person, shall be liable to that person or successor in interest for the
remedies set forth in section 1406.
``Sec. 1403. Permitted acts
``(a) Reasonable Uses.--Notwithstanding section 1402, the making
available or extraction of information for purposes such as
illustration, explanation, example, comment, criticism, teaching,
research, or analysis is not a violation of this chapter, if it is
reasonable under the circumstances. In determining whether such an act
is reasonable under the circumstances, all of the following factors
shall be considered:
``(1) The extent to which the making available or
extraction is commercial or nonprofit.
``(2) Whether the amount of information made available or
extracted is appropriate and for the purpose.
``(3) The good faith of the person making available or
extracting the information.
``(4) The extent to which and the manner in which the
portion made available or extracted is incorporated into an
independent work or collection, and the degree of difference
between the collection from which the information is made
available or extracted and the independent work or collection.
``(5) The effect of the making available or extraction on
the primary or related market for a protected collection of
information.
``(b) Certain Nonprofit Educational, Scientific, or Research
Uses.--Notwithstanding section 1402, no person shall be restricted from
making available or extracting information for nonprofit educational,
scientific, or research purposes in a manner that does not materially
harm the primary market for the product or service referred to in
section 1402.
``(c) Individual Items of Information and Other Insubstantial
Parts.--Nothing in this chapter shall prevent the making available or
extraction of an individual item of information, or other insubstantial
part of a collection of information, in itself. An individual item of
information, including a work of authorship, shall not itself be
considered a substantial part of a collection of information under
section 1402. Nothing in this subsection shall permit the repeated or
systematic making available or extracting of individual items or
insubstantial parts of a collection of information so as to circumvent
the prohibition contained in section 1402.
``(d) Gathering or Use of Information Obtained Through Other
Means.--Nothing in this chapter shall restrict any person from
independently gathering information or making available information
obtained by means other than extracting it from a collection of
information gathered, organized, or maintained by another person
through the investment of substantial monetary or other resources.
``(e) Making Available or Extraction of Information for
Verification.--Nothing in this chapter shall restrict any person from
making available or extracting information from a collection of
information within any entity or organization, for the sole purpose of
verifying the accuracy of information independently gathered,
organized, or maintained by that person. Under no circumstances shall
the information so used be made available to others or extracted from
the original collection in a manner that harms the primary market or a
related market for the collection of information from which it is made
available or extracted.
``(f) News Reporting.--Nothing in this chapter shall restrict any
person from making available or extracting information for the sole
purpose of news reporting on any subject (including news gathering,
dissemination, comment, and feature or general interest reporting)
unless the information so made available or extracted is time sensitive
and has been gathered by a news reporting entity, and making available
or extracting the information is part of a consistent pattern engaged
in for the purpose of direct competition.
``(g) Transfer of Copy.--Nothing in this chapter shall restrict the
owner of a particular lawfully made copy of all or part of a collection
of information from selling or otherwise disposing of the possession of
that copy.
``(h) Genealogical Information.--
``(1) In general.--Notwithstanding section 1402, no person
shall be restricted from--
``(A) making available or extracting genealogical
information for nonprofit, religious purposes; or
``(B) making available or extracting, for private,
noncommercial purposes, genealogical information that
has been gathered, organized, or maintained for
nonprofit, religious purposes.
``(1) Definition.--For purposes of this subsection,
`genealogical information' includes, but is not limited to,
data indicating the date, time, or place of an individual's
birth, christening, marriage, death, or burial, the identity of
an individual's parents, spouse, children, or siblings, and
other information useful in determining the identity of
ancestors.
``(i) Investigative, Protective, or Intelligence Activities.--
Nothing in this chapter shall prohibit--
``(1) an officer, agent, or employee of the United States,
a State, or a political subdivision of a State; or
``(2) a person acting under contract with an officer,
agent, or employee described in paragraph (1),
from making available or extracting information as part of lawfully
authorized investigative, protective, or intelligence activities.
``Sec. 1401. Exclusions
``(a) Government Collections of Information.--
``(1) Exclusion.--Protection under this chapter shall not
extend to collections of information gathered, organized, or
maintained by or for a government entity, whether Federal,
State, or local, including by any employee or agent of such
government entity, or any person substantially funded by,
exclusively licensed by, or working under contract to such
government to achieve a government purpose or fulfill a
government obligation as established by law or regulation, if
such collections of information are gathered, organized, or
maintained within the scope of the employment, agency, license,
grant, contract, or funding. Nothing in this subsection shall
preclude protection under this chapter for information
gathered, organized, or maintained by such a person that is not
within the scope of such employment, agency, license, grant,
contract, or funding, or by a Federal or State educational
institution in the course of engaging in education or
scholarship.
``(2) Exception.--The exclusion under paragraph (1) does
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