Rescue Orphan Works

H.R. 1201: Freedom and Innovation Revitalizing U.S. Entrepreneurship (FAIRUSE) Act of 2007

Title: To amend title 17, United States Code, to promote innovation, to encourage the introduction of new technology, to enhance library preservation efforts, and to protect the fair use rights of consumers, and for other purposes.

The full text of this bill is available here (PDF) and on Thomas.

Introduced

February 27, 2007

Sponsors

Rep Rick Boucher [VA-9] with: Rep W. Todd Akin [MO-2]; Rep Rob Bishop [UT-1]; Rep Dan Burton [IN-5]; Rep Peter A. DeFazio [OR-4]; Rep John T. Doolittle [CA-4]; Rep Bob Filner [CA-51]; Rep Luis G. Fortuno [PR]; Rep Trent Franks [AZ-2]; Rep Louie Gohmert [TX-1]; Rep John Kline [MN-2]; Rep Zoe Lofgren [CA-16]; Rep Thaddeus G. McCotter [MI-11]; Rep David E. Price [NC-4]; Rep Bill Sali [ID-1]; Rep Mark E. Souder [IN-3]; Rep Todd Tiahrt [KS-4]; Rep Timothy Walberg [MI-7]; Rep Dave Weldon [FL-15];

Status

3/19/2007 Referred to House subcommittee. Status: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

CRS Summary (As Introduced)

Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007 - Requires U.S. courts to remit statutory damages for secondary infringement of copyright, with the exception of cases in which the copyright owner sustains the burden of proving, and the court finds, that the act or acts constituting secondary infringement were done under circumstances in which no reasonable person could have believed such conduct to be lawful.

Prohibits any person from being liable for copyright infringement based on the design, manufacture, or distribution of a hardware device or of a component of such device if the device is capable of substantial, commercially significant noninfringing use.

Makes the prohibition on the circumvention of a technological measure (to descramble a scrambled work, to decrypt an encrypted work, or to otherwise avoid, bypass, remove, deactivate, or impair a technological measure without the authority of the copyright owner) that effectively controls access to a protected work non-applicable to a person by reason of that person’s engaging in a noninfringing use of any of the six classes of of copyrighted works set forth in the determination of the Librarian of Congress in Docket No. RM 2005-11, as published as a final rule by the Copyright Office, Library of Congress, effective November 27, 2006.

Excludes specified acts of circumvention from such prohibition.