Pub. L. No. 105-304

Note: Except for Title I (Treaty), each the following were effective upon enactment:

Title I: Implementation of two (2) treaties (dealing with digital issues, copyright protection and management systems (The WIPO Copyright Treaty Act & WIPO Performances and Phonograms Treaty)

Title II: Limitation of Online infringement liability for ISPs or Internet Service Providers (reducing legal uncertainties regarding such items as digital networks, strengthening anti-online piracy, outlining copyright owners' notification procedures, defining university liability, and creating a "safe harbor" for ISPs in four (4) activities)):

1. Conduits (provision of materials transmission, routing and connections)

2. System Caching (temporary or intermediate materials storage to improve user performance and reduce congestion)

3. User Storage (materials storage on systems or networks at the direction of users)

4. Information Locators (linkage tools by service providers such as directories, pointers and/or hyperlinks to facilitate material

Note: 1 and 2: transmission must be initiated by a third party.

3 and 4: requires the ISP to be without knowledge or having reason to know of any infringement, to obtain no direct financial benefit and to not change the materials.

Title III: "The Computer Maintenance Competition Assurance Act" (formerly H.R. 72) (creation of an exception for temporary
computer program reproduction in repair/ maintenance).

Title IV: "Miscellaneous Provisions" (distance education, exemption for libraries/ archives, ephemeral (momentary) recordings).

Title V: "The Vessel Hull Design Protection Act" (formerly H.R. 2696) (creation of new, sui generis protections for boat hull designs, in a new Chapter entitled Chapter 13 of Title 17 of the U.S. Code, effective for two years).

© 2000 Robert N. Diotalevi
The College of West Virginia