section 104A(h)(3) of title 17, United States
Code, as amended by section 102(c)(2) of this Act.
(F) The amendments made by section 102(c)(3) of this Act.
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Title II - Online Copyright Infringement Liability Limitation
SEC. 201. SHORT TITLE.
This title may be cited as the "Online Copyright Infringement Liability
Limitation Act".
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SEC. 203. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on
the date of the enactment of this Act.
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Title IV - Miscellaneous Provisions
SEC. 401. PROVISIONS RELATING TO THE COMMISSIONER OF PATENTS AND
TRADEMARKS AND THE REGISTER OF COPYRIGHTS-
(a) Compensation. (1) Section 3(d) of title 35, United States Code, is
amended by striking "prescribed by law for Assistant Secretaries of
Commerce" and inserting "in effect for level III of the Executive
Schedule under section 5314 of title 5, United States Code".
* * * * * * *
(3) Section 5314 of title 5, United States Code, is amended by adding at
the end the following:
"Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
"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
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