(c) EPHEMERAL RECORDINGS-

(1) IN GENERAL- Section 112 of title 17, United States Code, is amended--

(A) by redesignating subsection (f) as subsection (g); and

(B) by inserting after subsection (e) the following:

`(f)(1) Notwithstanding the provisions of section 106, and without limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body or other nonprofit educational institution entitled under section 110(2) to transmit a
performance or display to make copies or phonorecords of a work that is in digital form and, solely to the extent permitted in
paragraph (2), of a work that is in analog form, embodying the performance or display to be used for making transmissions
authorized under section 110(2), if--

`(A) such copies or phonorecords are retained and used solely by the body or institution that made them, and no further copies
or phonorecords are reproduced from them, except as authorized under section 110(2); and

`(B) such copies or phonorecords are used solely for transmissions authorized under section 110(2).

`(2) This subsection does not authorize the conversion of print or other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of such works authorized to be performed or displayed under
section 110(2), if--

`(A) no digital version of the work is available to the institution; or

`(B) the digital version of the work that is available to the institution is subject to technological protection measures that prevent
its use for section 110(2).'.

(2) TECHNICAL AND CONFORMING AMENDMENT- Section 802(c) of title 17, United States Code, is amended in the third
sentence by striking `section 112(f)' and inserting `section 112(g)'.

 

Page 1 | Page 2 | Page 3 | Page 4

Printer Friendly Version