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USCOPYRIGHT  October 1998

USCOPYRIGHT October 1998

Subject:

US Copyright NewsNet Issue 22

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Date:

Tue, 20 Oct 1998 11:08:17 -0400

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*************************************************
U.S. Copyright Office
NewsNet

October 20, 1998
Issue 22
*************************************************

For additional information, visit the Copyright Office homepage at
http://www.loc.gov/copyright.

*************************************************
CONTENTS

* Legislative News *

  a. Congress Passes Copyright Term Extension and Music Licensing

  b. Digital Millennium Copyright Act Passes Congress

* Calendar *

* To Subscribe/Unsubscribe to NewsNet *

*************************************************

----------------Legislative News----------------

CONGRESS PASSES COPYRIGHT TERM EXTENSION
AND MUSIC LICENSING
Legislation to extend the term of copyright an additional 20 years,
making the term for most works to be the life of the author plus 70
years, passed Congress Oct. 7. If signed by the President, the term
extension will become effective immediately. The same piece of
legislation, S. 505, also contains the Fairness in Music Licensing Act
of 1998, which provides exemptions (sec. 110(5) of  title 17, United
States Code) to the public performance right in broadcast music for
qualifying establishments, primarily restaurants and businesses of
certain square footage. It will become effective 90 days after
enactment.
http://thomas.loc.gov/cgi-bin/query/z?c105:S.505: or at
http://www.loc.gov/copyright/penleg.html

DIGITAL MILLENNIUM COPYRIGHT ACT PASSES CONGRESS
The conference report for H.R. 2281, the Digital Millennium Copyright
Act of 1998 (DMCA), was passed by the Senate on Oct. 10 and by the House
on Oct. 12. The President is expect to sign the landmark legislation,
the most far reaching copyright bill passed in the past two decades.
Among its many provisions are two new chapters for title 17, United
States Code.
     Title I of the DMCA provides for the implementation of two 1996
World Intellectual Property Organization (WIPO) copyright treaties that
deal with significant digital issues, including provisions for copyright
protection and management systems.
     Title II limits certain online infringement liability for Internet
service providers.
     Title III is the Computer Maintenance Competition Assurance Act
(formerly H.R. 72), which creates an exemption permitting a temporary
reproduction of a computer program made by activating a computer in the
course of maintenance or repair.
     Title IV, entitled "Miscellaneous Provisions," clarifies the
continuing policy role of the Copyright Office; extends the exemption
for ephemeral recordings to digital broadcasters; commissions a
Copyright Office report on distance education; extends the existing
exemption for libraries and archives; extends the statutory license for
performance of sound recordings to webcasters; and mandates the
assumption of certain contractual obligations related to transfers of
rights in motion pictures.
     Title V is the Vessel Hull Design Protection Act  (formerly H.R.
2696), which creates a new form of protection for vessel hulls. With the
exception of certain legislation relating to the implementation of the
WIPO treaties, the legislation is effective upon enactment. Title V is
effective for only two years. A previous title dealing with database
protection (H.R. 2652) was dropped from the current legislation.
http://thomas.loc.gov/cgi-bin/cpquery/z?cp105:hr796:
or http://www.loc.gov/copyright/penleg.html

*************************************************
* CALENDAR *

November 1, 1998: Deadline for comments on the notice of systems of
records

November 1, 1998: Effective date of systems of records unless the
Copyright Office publishes notice to the contrary

*************************************************
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*************************************************

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