"Register of Copyrights.".
* * * * * * *
SEC. 403. LIMITATIONS ON EXCLUSIVE RIGHTS; DISTANCE EDUCATION.
(a) Recommendations by Register of Copyrights. Not later than 6 months
after the date of the enactment of this Act, the Register of Copyrights,
after consultation with representatives of copyright owners, nonprofit
educational institutions, and nonprofit libraries and archives, shall
submit to the Congress recommendations on how to promote distance
education through digital technologies, including interactive digital
networks, while maintaining an appropriate balance between the rights of
copyright owners and the needs of users of copyrighted works. Such
recommendations shall include any legislation the Register of Copyrights
considers appropriate to achieve the objective described in the
preceding sentence.
(b) Factors. In formulating recommendations under subsection (a), the
Register of Copyrights shall consider-
(1) the need for an exemption from exclusive rights of copyright owners
for distance education through digital networks;
(2) the categories of works to be included under any distance education
exemption;
(3) the extent of appropriate quantitative limitations on the portions
of works that may be used under any distance education exemption;
(4) the parties who should be entitled to the benefits of any distance
education exemption;
(5) the parties who should be designated as eligible recipients of
distance education materials under any distance education exemption;
(6) whether and what types of technological measures can or should be
employed to safeguard against unauthorized access to, and use or
retention of, copyrighted materials as a condition of eligibility for
any distance education exemption, including, in light of developing
technological capabilities, the exemption set out in section 110(2) of
title 17, United States Code;
(7) the extent to which the availability of licenses for the use of
copyrighted works in distance education through interactive digital
networks should be considered in assessing eligibility for any distance
education exemption; and
(8) such other issues relating to distance education through interactive
digital networks that the Register considers appropriate.
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