Various bills would give immunity from copyright infringement suits to providers of Internet and on-line services, redefine how libraries and archives can make copies of copyrighted works, and change laws governing what constitutes infringement in the reception of musical performance broadcasts.

The balance between protecting the creators of copyrighted content on the Internet and assuring that on-line services are not hampered by fears of lawsuits was addressed in a bill introduced by Senator John Ashcroft of Missouri. That bill would have amended U.S. copyright law so that people or groups that provide Internet and on-line services without exercising control over the content would be protected from liability in the case of copyright infringements by persons who buy and make use of the services.

The copyright liability protections provisions that Ashcroft proposed were incorporated into a larger bill reported by the Senate Judiciary Committee to the full Senate at the end of April.

These provisions set forth "safe harbors" from liability for both Internet service providers and on-line service providers under clearly defined circumstances that both encourage responsible behavior and protect intellectual property rights, said Senator Patrick Leahy of Vermont, one of the provision's supporters. Leahy is the ranking Democratic member of the Senate Judiciary Committee.

The bill, entitled the Digital Millennium Copyright Act of 1998, also contains provisions granting certain immunities when copies are made by libraries and archives. The bill would exempt a library from having to pay money damages in copyright infringement suits "if it was not aware and had no reason to believe that its acts constituted a violation," said Leahy in a May 5 speech on the Senate floor. It would also grant other special conditions, including allowing qualified libraries and archives to preserve digital works. The bill would also replace current law that restricts libraries to making a single photocopy for preservation or replacement purposes. The new law would allow up to three versions in any format -- including digital form.

As of May 12, the legislation had not yet been voted on by the full Senate. Similar legislation has not yet been acted on in the House of Representatives. To become law, all legislation must be passed by both chambers, then signed into law by the president.

Another piece of legislation, which extends "fair use" exemptions for use of copyrighted materials, is the Fairness in Musical Licensing Act of 1997. This legislation was passed in the House of Representatives in March as part of the Copyright Term Extension Act.

This legislation excludes from copyright infringement laws the reception of transmissions of nondramatic musical works under certain specific circumstances.

The legislation stipulates that the reception of a broadcast, cable, satellite, or other transmission of "a performance or display of a nondramatic musical work" is not a copyright infringement, unless an admission fee is charged to see the performance or display, or the transmission is not property licensed.

The original bill had sought to expand the infringement exemption if the music is heard at agricultural or horticultural fairs, exhibits, in a commercial establishment when the purpose is to promote audio, video, or other devices; and at organized children's camp if the children sing, dance, or participate in all or a portion of such work. The language finally included in the bill that passed the House and was sent to the Senate, however, instead merely stipulated that the rooms where the transmission is intended to be received must not exceed 3,500 square feet (325.5 square meters).

The American Society of Composers, Authors, and Publishers, an industry group, has called the bill "a threat to the entire American music community." If passed, the bill would mean "we would not be paid when our music is played in bars, restaurants, and many retail stores." The Senate has not acted on the Fairness in Musical Licensing Act.

Other legislation pending in the Congress are the bills to implement U.S. participation in the World Intellectual Property Organization (WIPO) treaties concluded in December 1996. In the Senate, the Digital Millennium Copyright Act contains the provisions to implement the two treaties, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. In the House of Representatives, similar legislation to implement the treaties has been reported to the House floor.

Other intellectual property issues are being considered by the Congress, including the issue of domain names. Senator Leahy has introduced legislation to fund a comprehensive study by the National Research Council to explore ways to improve the Internet's domain-naming system. A recommendation by the U.S. Commerce Department to add new top-level domain names would be one focus of the study. "The addition of new generic top-level domain names would allow more competition and more individuals and businesses to secure addresses that more closely reflect their names and functions," Leahy observed. "But many firms understandably are concerned that the proliferation of generic top-level domain names may make the job of protecting their trademarks from infringement or dilution more difficult."