H.R.3531 - Database Investment and Intellectual Property Antipiracy Act of 1996104th Congress (1995-1996)
|Sponsor:||Rep. Moorhead, Carlos J. [R-CA-27] (Introduced 05/23/1996)|
|Committees:||House - Judiciary|
|Latest Action:||05/23/1996 Referred to the House Committee on the Judiciary. (All Actions)|
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Summary: H.R.3531 — 104th Congress (1995-1996)All Bill Information (Except Text)
Introduced in House (05/23/1996)
Database Investment and Intellectual Property Antipiracy Act of 1996 - Specifies that a database is subject to this Act if it is the result of a substantial investment of human, technical, financial, or other resources in the collection, assembly, verification, organization, or presentation of the database contents and the database is used or reused in commerce.
(Sec. 4) Prohibits, without the owner's authorization: (1) extracting, using, or reusing all or a substantial part of the contents of a database in a manner that conflicts with the owner's normal exploitation of, or that adversely affects the actual or potential market for, the database (normal exploitation); (2) engaging in the repeated or systematic extraction, use, or reuse of insubstantial parts of the contents in a manner that cumulatively conflicts with the owner's normal exploitation; or (3) procuring, directing, or committing any such prohibited act.
(Sec. 5) Allows a lawful user of a database made available to the public or placed in commercial use to extract, use, or reuse insubstantial parts of its contents, subject to specified limitations.
(Sec. 6) Specifies that: (1) a database becomes subject to this Act when the necessary investment has been made to qualify its maker as such, and shall remain subject to this Act for a 25-year period; and (2) any change of commercial significance to a database shall make the resulting database subject to this Act for the applicable term.
(Sec. 7) Provides civil remedies for violation of section 4.
(Sec. 8) Sets penalties for willfully violating section 4 for direct or indirect commercial advantage or financial gain, or thereby causing loss or damage to an owner aggregating $10,000 or more in any one-year calendar period.
(Sec. 10) Prohibits circumventing, without the authority of the owner or the law, database protection systems.
(Sec. 11) Prohibits knowingly: (1) providing, or publicly distributing or importing for public distribution, false database management information; and (2) removing or altering database management information without authority of the owner or the law.
(Sec. 12) Authorizes civil actions by persons injured by violations of section 10 or 11.
(Sec. 13) Sets penalties for violations of section 11 with intent to defraud.
(Sec. 14) Bars any action under this Act unless commenced within three years after the owner knew or should have known of the claim.