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HR 3531, Courts and Intellectual Property Subcommittee contactinfo
Hello all,
Contact Information for each of members of the Courts and Intellectual
Property Subcommittee of the House Judiciary committee
(http://www.house.gov/judiciary/) is included below. (The Courts and
Intellectual Property Subcommittee is considering HR 3531, The Database
Investment and Intellectual Property Antipiracy Act of 1996). The bill
itself is also included.
Please feel free to distribute this information as widely as possible.
Peace,
Tim
COMMITTEE ON THE JUDICIARY
(202) 225-3951
2138 Rayburn House Office Building
Washington, D.C. 20515
CONTACT INFO:
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Republicans
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Carlos J. Moorhead (Subcommittee Chairman)
Washington DC Address:
2346 Rayburn House Office Building
Washington, D.C. 20515-0527
PHONE: (202) 225-4176
FAX: (202) 226-1279
District Address:
301 E. Colorado Blvd. Room 618
Pasadena, CA 91101-1911
PHONE: (818) 792-6168
FAX: (818) 792-6528
James Sensenbrenner of WI
Washington DC Address:
2332 Rayburn House Office Building
Washington, D.C. 20515-4909
PHONE: (202) 225-5101
FAX: (202) 225-3190
District Address:
120 Bishops Way Room 154
Brookfield, WI 53005-6294
PHONE: (414) 784-1111
E-mail
sensen09@hr.house.gov
Howard Coble of NC
Washington DC Address:
403 Cannon House Office Building
Washington, D.C. 20515-3306
PHONE: (202) 225-3065
FAX: (202) 225-8611
District Address:
1404 Piedmont Ave, PO Box 1813, Suite A
Lexington, NC 27293-1813
PHONE: (704) 246-8230
FAX: (704) 246-4275
Robert Goodlatte of VA
Washington DC Address:
123 Cannon House Office Building
Washington, D.C. 20515-4606
PHONE: (202) 225-5431
FAX: (202) 225-9681
District Address:
540 Crestar Plaza, 10 Franklin St. S.E.
Roanoke, VA 24011
PHONE: (703) 857-2672
FAX: (703) 857-2675
E-mail
talk2bob@hr.house.gov
Sonny Bono of CA
Washington DC Address:
512 Cannon House Office Building
Washington, D.C. 20515-0544
PHONE: (202) 225-5330
FAX: (202) 225-2961
District Address:
1555 S. Palm Canyon Drive, Suite G-101
Palm Springs, CA 92264
PHONE: (619) 320-1076
FAX: (619) 320-7570
George Gekas of PA
Washington DC Address:
2410 Rayburn House Office Building
Washington, D.C. 20515-3817
PHONE: (202) 225-4315
FAX: (202) 225-8440
District Address:
3805 Vartan Way, Second Floor
Harrisburg, PA 17110-9335
PHONE: (717) 541-5507
FAX: (717) 541-5518
Elton Gallegly of CA
Washington DC Address:
2441 Rayburn House Office Building
Washington, D.C. 20515-0523
PHONE: (202) 225-5811
FAX: (202) 225-1100
District Address:
300 Esplanade Drive Suite 1800
Oxnard, CA 93030
PHONE: (805) 485-2300
Charles Canady of FL
Washington DC Address:
1222 Longworth House Office Building
Washington, D.C. 20515-0912
PHONE: (202) 225-1252
FAX: (202) 225-2279
District Address:
124 S. Tennessee Ave., Suite 125
Lakeland, FL 33801
PHONE: (813) 688-2651
FAX: (813) 683-4453
E-mail
canady@hr.house.gov
Martin Hoke of OH
Washington DC Address:
212 Cannon House Office Building
Washington, D.C. 20515-3510
PHONE: (202) 225-5871
FAX:
District Address:
21270 Lorain Road
Fairview Park, OH 44126
PHONE: 216-356-2010
FAX:
E-mail
hokemail@hr.house.gov
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Democrats
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Pat Schroeder of CO
Washington DC Address:
2307 Rayburn House Office Building
Washington, D.C. 20515-0601
PHONE: (202) 225-4431
FAX: (202) 225-5842
District Address:
1600 Emerson St.
Denver, CO 80218
PHONE: (303) 866-1230
FAX: (303) 866-1237
Jerrold Nadler of NY
Washington DC Address:
109 Cannon House Office Building
Washington, D.C. 20515-3208
PHONE: (202) 225-5635
FAX: (202) 225-6923
District Address:
1841 Broadway Suite 800
New York, NY 10023
PHONE: (212) 489-3530
FAX: (212) 977-3546
E-mail
nadler@hr.house.gov
John Conyers of MI
Washington DC Address:
2426 Rayburn House Office Building
Washington, D.C. 20515-2214
PHONE: (202) 225-5126
FAX: (202) 225-0072
District Address:
Federal Bldg. 231 W. Lafayette, Rm 669
Detroit, MI 48226-2766
PHONE: (313) 961-5670
FAX: (313) 226-2085
E-mail
jconyers@hr.house.gov
Howard Berman of CA
Washington DC Address:
2231 Rayburn House Office Building
Washington, D.C. 20515-0526
PHONE: (202) 225-4695
FAX: (202) 225-5279
District Address:
10200 Sepulveda Blvd., Suite 130
Mission Hills, CA 91345
PHONE: (818) 891-0543
Xavier Becerra of CA
Washington DC Address:
1119 Longworth House Office Building
Washington, D.C. 20515-0530
PHONE: (202) 225-6235
FAX: (202) 225-2202
District Address:
2435 Colorado Blvd., Suite 200
Los Angeles, CA 90041
PHONE: (213) 550-8962
FAX: (213) 550-1440
Rick Boucher of VA
Washington DC Address:
2245 Rayburn House Office Building
Washington, D.C. 20515-4609
PHONE: (202) 225-3861
FAX: (202) 225-0442
District Address:
188 E. Main St.
Abingdon, VA 24210-2841
PHONE: (540) 628-1145
FAX: (540) 628-2203
E-mail
ninthnet@hr.house.gov
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104th Congress H. R. 3531 As Introduced in the House
Note: This document is the unofficial version of a Bill or Resolution.
The printed Bill and Resolution produced by the Government Printing
Office is the only official version.
VERSION As Introduced in the House
CONGRESS 104th CONGRESS
2d Session
BILL H. R. 3531
TITLE To amend title 15, United States Code, to promote investment and
prevent intellectual property piracy with respect to databases.
--------------------
IN THE HOUSE OF REPRESENTATIVES
MAY 23, 1996
Mr. Moorhead introduced the following bill; which was referred to
the Committee on the Judiciary
--------------------
TEXT A BILL
To amend title 15, United States Code, to promote investment and
prevent intellectual property piracy with respect to databases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Database Investment and
Intellectual Property Antipiracy Act of 1996`.
SEC. 2. DEFINITIONS.
`Change of commercial significance` means a change that a
reasonable user of a database would regard as affecting the
quality, quantity or value of contents of that database as a whole.
`Commerce` means all commerce that may lawfully be regulated by
Congress.
`Database` means a collection, assembly or compilation, in any
form or medium now or later known or developed, of works, data or
other materials, arranged in a systematic or methodical way.
`Database maker` means the natural or juristic person making a
substantial investment, qualitatively or quantitatively, in the
collection, assembly, verification, organization and/or
presentation of the contents of the database. Unless provided
otherwise by contract -
(1) where two or more persons qualify as the makers of a
database, they are jointly the database maker;
(2) where a database is made by employees within the scope of
their employment, the employer is the database maker; and
(3) where a database is made pursuant to special order or
commission, the person who ordered or commissioned the database
is the database maker.
`Database management information` means the name and other
identifying information of the database maker, the name and other
identifying information of the database owner, and terms and
conditions for extraction and use or reuse of the contents of the
database.
`Database owner` means the database maker or the natural or
juristic person who is the database maker`s successor in interest.
`Extraction` means the permanent or temporary transfer of all or
a substantial part of the contents of a database or of a copy or
copies thereof. Such transfer may be to an identical or different
medium, and by any means or in any form, now or later known or
developed.
`Governmental entity` means the United States Government, any
State, any agency or instrumentality of either, and any officer or
employee of any of the foregoing acting in his or her official
capacity.
`Insubstantial part` of a database means any portion of the
contents of a database whose extraction, use or reuse does not
diminish the value of the database, conflict with a normal
exploitation of the database or adversely affect the actual or
potential market for the database.
`Juristic person` means any firm, corporation, union,
association, non-profit institution, or other organization capable
of suing and being sued in a court of law, but does not include a
governmental entity.
`Place in commercial use` means to use or reuse, or to authorize
use or reuse, for direct or indirect commercial advantage or for
financial gain.
`Person` means any natural person, any juristic person, and any
governmental entity.
`Use` and `reuse` means making available all or a substantial
part, qualitatively or quantitatively, of the contents of a
database, or access to all or such substantial part, whether or not
for direct or indirect commercial advantage or financial gain, by
any means now known or later developed, including any of the
following: (i) marketing, selling, or renting; (ii) in the form of
permanent or temporary copies; or (iii) by distribution, any online
or other form of transmission.
SEC. 3. DATABASES SUBJECT TO THE ACT.
(a) A database is subject to the Act if it is the result of a
qualitatively or quantitatively substantial investment of human,
technical, financial or other resources in the collection,
assembly, verification, organization or presentation of the
database contents, and (i) the database is used or reused in
commerce; or (ii) the database owner intends to use or reuse the
database in commerce.
(b) A database otherwise subject to this Act shall remain
subject, regardless of whether it is made available to the public
or in commercial use; the form or medium in which it is embodied;
or whether the database or any contents of the database are
intellectual creations.
(c) Except for a database made by a governmental entity, any
database otherwise subject to this Act, is not excluded herefrom
because its contents have been obtained from a governmental entity.
(d) Computer programs are not subject to this Act, including
without limitation any computer programs used in the manufacture,
production, operation or maintenance of a database. However, the
contents of a database otherwise subject to this Act remain
subject, notwithstanding their direct or indirect incorporation in
a computer program or other work.
SEC. 4. PROHIBITED ACTS.
(a) No person shall, without the authorization of the database
owner -
(1) extract, use or reuse all or a substantial part,
qualitatively or quantitatively, of the contents of a database
subject to this Act in a manner that conflicts with the
database owner`s normal exploitation of the database or
adversely affects the actual or potential market for the
database;
(2) engage, notwithstanding section 5(a), in the repeated or
systematic extraction, use or reuse of insubstantial parts,
qualitatively or quantitatively, of the contents of a database
subject to this Act in a manner that cumulatively conflicts
with the database owner`s normal exploitation of the database
or adversely affects the actual or potential market for the
database; or
(3) procure, direct or commission any act prohibited by
subsections (i) or (ii).
(b) Acts that conflict with a normal exploitation of the database
or adversely affect the actual or potential market for the database
include but are not limited to the extraction, use or reuse of all
or a substantial part of the contents of a database -
(1) in a product or service that directly or indirectly
competes in any market with the database from which it was
extracted; or
(2) in a product or service that directly or indirectly
competes in any market in which the database owner has a
demonstrable interest or expectation in licensing or otherwise
using or reusing the database; or
(3) in a product or service for customers who might otherwise
reasonably be expected to be customers for the database; or
(4) by or for multiple persons within an organization or
entity in lieu of the authorized additional use or reuse (by
license, purchase or otherwise) of copies of the database by or
for such persons.
SEC. 5. EXCEPTIONS TO PROHIBITED ACTS.
(a) Subject to section 4(a)(ii), a lawful user of a database made
available to the public or placed in commercial use is not
prohibited from extracting, using or reusing insubstantial parts of
its contents, qualitatively or quantitatively, for any purposes
whatsoever.
(b) Nothing in this Act shall in any way restrict any person from
independently collecting, assembling or compiling works, data or
materials from sources other than a database subject to this Act.
SEC. 6. DURATION OF PROHIBITIONS.
(a) A database becomes subject to this Act when the necessary
investment has been made to qualify its maker as such under section
2. The database shall remain subject to this Act for a period of
twenty-five years from the first of January following the date when
it was first made available to the public or the date when it was
first placed in commercial use, whichever is earlier.
(b) Any change of commercial significance, qualitatively or
quantitatively, to a database, including any such change through
the accumulation of successive additions, deletions,
reverifications, alterations, modifications in organization or
presentation, or other modifications, shall make the resulting
database subject to this Act for its own term, as calculated under
subsection (a).
SEC. 7. CIVIL REMEDIES FOR VIOLATION OF SECTION 4.
(a) Civil Actions. - A database owner injured by a violation of
section 4 may bring a civil action for such a violation in an
appropriate United States district court without regard to the
amount in controversy: Provided however, That any action against a
State governmental entity may be brought in any court that has
jurisdiction over claims against such entity.
(b) Temporary and Permanent Injunctions. - Any court having
jurisdiction of a civil action arising hereunder shall have the
power to grant temporary and permanent injunctions, according to
the principles of equity and upon such terms as the court may deem
reasonable, to prevent the violation of section 4. Any such
injunction granted upon hearing, after notice to the party sought
to be enjoined, by any district court of the United States, may be
served on the party against whom such injunction is granted
anywhere in the United States where such person may be found, and
shall be operative and may be enforced by proceedings in contempt
or otherwise by any United States district court having
jurisdiction over such party.
(c) Impoundment. - At any time while an action hereunder is
pending, the court may order the impounding, on such terms as it
deems reasonable, of all copies of contents of databases extracted
and or used or reused in violation of section 4, and of all
masters, tapes, disks, diskettes, or other articles by means of
which such copies may be reproduced. The court may, as part of a
final judgment or decree finding a violation of section 4, order
the remedial modification or destruction of all copies of contents
of databases extracted, used or reused in violation of section 4,
and of all masters, tapes, disks, diskettes, or other articles by
means of which such copies may be reproduced.
(d) Monetary Relief. - When a violation of section 4 has been
established in any civil action arising hereunder, the plaintiff
shall be entitled, subject to principles of equity, to recover (i)
defendant`s profit, (ii) any damages sustained by the plaintiff,
and (iii) the costs of the action. The court shall assess such
profits or damages or cause the same to be assessed under its
direction. In assessing profits the plaintiff shall be required to
prove defendant`s sales only; defendant must prove all elements of
cost or deduction claimed. In assessing damages the court may
enter judgment, according to the circumstances of the case, for any
sum above the amount found as actual damages, not exceeding three
times such amount. If the court shall find that the amount of the
recovery based on profits is either inadequate or excessive, the
court may in its discretion enter judgment for such sum as it finds
just. The court in its discretion may award reasonable attorney
fees to the prevailing party.
(e) Subsections (b) and (c) shall not apply to any action against
the United States Government.
(f) The relief provided under this section shall be available
against a State governmental entity to the extent allowed by
applicable law.
SEC. 8. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION 4.
(a) Any person who violates section 4 willfully, and -
(1) does so for direct or indirect commercial advantage or
financial gain; or
(2) thereby causes loss or damage to a database owner
aggregating $10,000 or more in any one-year calendar period,
shall be punished as provided in subsection (b).
(b) An offense under subsection (a) shall be punishable by a fine
of not more than $250,000 or imprisonment for not more than five
years, or both. A second or subsequent offense under subsection
(a) shall be punishable by a fine of not more than $500,000,
imprisonment for not more than ten years, or both.
SEC. 9. RELATIONSHIP TO OTHER LAWS.
(a) The remedies against violations hereunder shall be without
prejudice to any remedies under any copyright that may subsist in
the database, any contents of the database, or the selection,
coordination or arrangement of such contents. Such remedies shall
not limit,
impair, or otherwise affect the existence, scope or duration of
protection under any such copyright.
(b) Nothing in this Act shall restrict the rights of parties
freely to enter into licenses or any other contracts with respect
to databases or their contents.
(c) Nothing in this Act shall prejudice provisions concerning
copyright, rights related to copyright or any other rights or
obligations in the database or its contents, including laws in
respect of patent, trademark, design rights, antitrust or
competition, trade secrets, data protection and privacy, access to
public documents, and the law of contract.
SEC. 10. CIRCUMVENTION OF DATABASE PROTECTION SYSTEMS.
No person shall import, manufacture or distribute any device,
product, or component incorporated into a device or product, or
offer or perform any service, the primary purpose or effect of
which is to avoid, bypass, remove, deactivate, or otherwise
circumvent, without the authority of the database owner or the law,
any process, treatment, mechanism or system which prevents or
inhibits the extraction, use or reuse of the contents of the
database in violation of section 4 hereof.
SEC. 11. INTEGRITY OF DATABASE MANAGEMENT INFORMATION.
(a) False Database Management Information. - No person shall
knowingly provide database management information that is false, or
knowingly publicly distribute or import for public distribution
database management information that is false.
(b) Removal or Alteration of Database Management Information. -
No person shall, without authority of the database owner or the
law, (i) knowingly remove or alter any database management
information, (ii) knowingly distribute or import for distribution
database management information that has been altered without
authority of the database owner or the law; or (iii) knowingly
distribute or import for distribution copies of a database from
which database management information has been removed without the
authority of the database owner or the law.
SEC. 12. CIVIL REMEDIES FOR VIOLATION OF SECTIONS 10 OR 11.
(a) Civil Actions. - Any person injured by a violation of section
10 or section 11 may bring a civil action for such violation in an
appropriate United States district court, without regard to the
amount in controversy: Provided, however, That any action against a
State governmental entity may be brought in any court that has
jurisdiction over claims against such entity.
(b) Powers of the Court. - In an action brought under subsection
(a), the court -
(1) may grant temporary and permanent injunctions on such
terms as it deems reasonable to prevent or restrain a
violation;
(2) at any time while an action is pending, may order the
impounding, on such terms as it deems reasonable, of any device
or product that is in the custody or the control of the alleged
violator and that the court has reasonable cause to believe was
involved in a violation;
(3) may award damages under subsection (c);
(4) in its discretion may allow the recovery of costs by or
against any party other than the United States or an officer
thereof;
(5) in its discretion may award reasonable attorney`s fees to
the prevailing party; and
(6) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under subsection (ii).
(c) Awards of Damages. -
(1) In general. - Except as otherwise provided in this Act, a
violator is liable for either (A) the actual damages and any
additional profits of the violator, as provided by subsection
(ii), or (B) statutory damages, as provided by subsection
(iii).
(2) Actual damages. - The court shall award to the
complaining party the actual damages suffered by him or her as
a result of the violation, and any profits of the violator that
are attributable to the violation and are not taken into
account in computing the actual damages, if the complaining
party elects such damages at any time before final judgment is
entered.
(3) Statutory damages. -
(A) At any time before final judgment is entered, a
complaining party may elect to recover an award of
statutory damages for each violation of section 10 in the
sum of not less than $200 or more than $2,500 per device,
product, offer or performance of service, as the court
considers just.
(B) At any time before final judgment is entered, a
complaining party may elect to recover an award of
statutory damages for each violation of section 11 in the
sum of not less than $2,500 or more than $25,000.
(4) Repeated violations. - In any case in which the injured
party sustains the burden of proving, and the court finds, that
a person has violated section 10 or 11 within three years after
a final judgment was entered against that person for another
such violation, the court may increase the award of damages up
to triple the amount that would otherwise be awarded, as the
court considers just.
(5) Innocent violations. - The court in its discretion may
reduce or remit altogether the total award of damages in any
case in which the violator sustains the burden of proving, and
the court finds, that the violator was not aware and had no
reason to believe that its acts constituted a violation.
(d) Subsections (b) (i) and (ii) shall not apply to any action
against the United States Government.
(e) The relief provided under subsection (b) shall be available
against a State governmental entity to the extent allowed by
applicable law.
SEC. 13. CRIMINAL OFFENSES AND PENALTIES FOR VIOLATION OF SECTION
11.
Any person who violates section 11 with intent to defraud shall
be fined not more than $500,000 or imprisoned for not more than
five years, or both.
SEC. 14. LIMITATIONS ON ACTIONS.
No action shall be maintained under this Act unless it is
commenced within three years after the database owner knew or
should have known of the claim.
SEC. 15. EFFECTIVE DATE.
(a) This Act shall take effect immediately upon enactment, and
shall be applicable to acts committed on or after that date.
(b) No person shall be liable under this Act for use or reuse of
database contents lawfully extracted from a database, prior to the
effective date of this Act, by that person or by that person`s
predecessor in interest.
..