Page:United States Statutes at Large Volume 116 Part 3.djvu/320

 116 STAT. 1912 PUBLIC LAW 107-273—NOV. 2, 2002 or national accrediting agency recognized by the Council on Higher Education Accreditation or the United States Department of Education; and "(B) with respect to an institution providing elementary or secondary education, shall be as recognized by the applicable state certification or licensing procedures. "For purposes of paragraph (2), no governmental body or accredited nonprofit educational institution shall be liable for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material as authorized under paragraph (2). No such material stored on the system or network controlled or operated by the transmitting body or institution under this paragraph shall be maintained on such system or network in a manner ordinarily accessible to anyone other than anticipated recipients. No such copy shall be maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary to facilitate the transmissions for which it was made.". (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)". (d) PATENT AND TRADEMARK OFFICE REPORT. — Deadline. (1) IN GENERAL. —Not later than 180 days after the date of enactment of this Act and after a period for public comment,

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