Comments Sought on E-Commerce, Copyrights

How does E-commerce and the Internet affect copyrights for businesses, universities, organizations, and individuals in your state? The United States Copyright Office and the National Telecommunications and Information Administration invite public comments on the issue before August 4, 2000. Comments are sought specifically for the effects of the amendments made by Title 1 of the Digital Millennium Copyright Act, (``DMCA'') and the development of electronic commerce on the operation of Sections 109 and 117 of Title 17, United States Code.

The objective of Title 1 of the DMCA, enacted on October 28, 1998, was to revise U.S. law to comply with two World Intellectual Property Organization (WIPO) Treaties and to strengthen protection for copyrighted works in electronic formats. The DMCA establishes prohibitions on circumventing technological measures that control access to a work protected under the U.S. Copyright Act.

Section 109 of the Copyright Act, 17 U.S.C. 109, permits the owner of a particular copy or phonorecord lawfully made to sell or otherwise dispose of possession of that copy or phonorecord without the authority of the copyright owner (commonly referred to as the “first sale doctrine”, such as a used CD store). Section 117 of the Copyright Act, 17 U.S.C. 117, permits the owner of a copy of a computer program to make a copy or adaptation of the program for archival purposes or as an essential step in the utilization of the program in conjunction with a machine.

The agencies request comments and responses to 16 specific questions identified in the June 5 Federal Register announcement, which can be found under “Copyright Office, Library of Congress” at:

http://www.access.gpo.gov/su_docs/fedreg/a000605c.html