H.R.354 - Collections of Information Antipiracy Act106th Congress (1999-2000)
|Sponsor:||Rep. Coble, Howard [R-NC-6] (Introduced 01/19/1999)|
|Committees:||House - Judiciary; Commerce|
|Committee Reports:||H. Rept. 106-349|
|Latest Action:||House - 10/08/1999 Placed on the Union Calendar, Calendar No. 212. (All Actions)|
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Summary: H.R.354 — 106th Congress (1999-2000)All Information (Except Text)
Collections of Information Antipiracy Act - Amends Federal copyright law to make liable to the injured party any persons who make or extract to make available to others or who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) primary or related market for a product or service that incorporates such information and is offered or intended to be offered in commerce. Allows persons to make available or extract information for: (1) nonprofit educational, scientific, or research purposes in a manner that does not materially harm such primary market; or (2) the purpose of illustration, explanation, example, comment, criticism, teaching, research, or analysis if it is determined, by specified factors, that such an act is reasonable under the circumstances.
Reported to House amended, Part I (09/30/1999)
(Sec. 2) Exempts certain activities from this Act, including the making available or extraction of: (1) individual items of information; (2) information for verification, nonprofit educational, scientific, or research, or news reporting purposes; (3) genealogical information for nonprofit, religious purposes or for private, noncommercial purposes, or genealogical information that has been gathered or maintained for such purpose; and (4) information for investigative, protective, or intelligence activities.
Provides that protection shall not extend to information gathered or maintained by or for a government entity, to computer programs, or to digital online communications. Protects information required to be collected and made available by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program.
Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law.
Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information.
Declares that nothing in this Act shall permit the making available, extraction, resale, or other disposition of real-time market information except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and pertinent rules and regulations may otherwise provide. States that this Act shall not be construed to permit any person to make available or extract real-time market information in a manner that constitutes a market substitute for a real-time market information service (including the real-time systematic updating of or display of a substantial part of a market information) provided on a real-time basis.
Defines "market information" as information relating to quotations and transactions that is collected, processed, distributed, or published under the Securities Exchange Act of 1934 or by a contract market that is designated by the Commodity Futures Trading Commission under the Commodity Exchange Act and the rules and regulations thereunder.
States that nothing in this Act shall limit, impair, or annul in any manner the protections under Federal or State law or regulation relating to the collection or use of personally identifying information, including medical information.
Authorizes civil actions for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information made available or extracted in violation of prohibitions. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Denies relief under this Act against Internet service providers unless they violate it willfully.
Prescribes criminal penalties for certain willful violations. Specifies affirmative defenses to civil actions for violations of this Act. Provides for a three-year statute of limitations on civil actions and criminal proceedings. Bars the maintenance of actions for the making available or extracting of a collection of information that occurs more than 15 years after the portion of the collection that is made available or extracted was first offered for sale or otherwise in commerce following the investment of resources that qualified the information for protection. Places the burden of proof on the plaintiff to show that the portion first offered in commerce was no more than 15 years old.
Requires the Register of Copyrights and the Assistant Attorney General, Antitrust Division of the Department of Justice, to study and report jointly to Congress on whether a specified affirmative defense relating to use of government information should be expended to include collections of information that do not incorporate all or a substantial part of a government collection of information where the extracted information is not publicly available from any other source.