Collections of Information Antipiracy Act

Summary

Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act. (Sec. 3) Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes. Provides that protection shall not extend to information gathered or maintained by or for a government entity or to computer programs. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program. Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law. Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information. Declares that nothing in this Act shall: (1) permit the extraction, use, resale, or other disposition of real time market information except as the Securities Exchange Act of 1934, the Commodity Exchange Act, and the rules and regulations promulgated under such Acts may otherwise provide; or (2) be construed to permit any person to extract or use real time market information in a manner that constitutes a market substitute for a real time market data service (including the real time systematic updating of or display of a substantial part of market information) provided on a real time basis. Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities. Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the investment of resources that qualified the information for protection.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 10 July 1998

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 10 July 1998

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• Introduced in Senate

  summary · EN · 10 July 1998

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