Appendix VIII. Additional Provisions of the TEACH Act of 2002¹

Division C — Improvements to Criminal Justice, Civil Justice, Immigration,
Juvenile Justice, and Intellectual Property and Antitrust Laws
Title III — Intellectual Property
Subtitle C — Educational Use Copyright Exemption

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Sec. 13301 · Education Use Copyright Exemption

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(d) Patent and Trademark Office Report. —

(1) In general. — Not later than 180 days after the date of enactment of this Act² and after a period for public comment, the Undersecretary of Commerce for Intellectual Property, after consultation with the Register of Copyrights, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report describing technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process. The report submitted to the Committees shall not include any recommendations, comparisons, or comparative assessments of any commercially available products that may be mentioned in the report.

(2) Limitations. — The report under this subsection —

(A) is intended solely to provide information to Congress; and

(B) shall not be construed to affect in any way, either directly or by implication, any provision of title 17, United States Code, including the requirements of clause (ii) of section 110(2)(D) of that title (as added by this subtitle), or the interpretation or application of such provisions, including evaluation of the compliance with that clause by any governmental body or nonprofit educational institution.

¹Appendix VIII contains an additional provision from the Technology, Education, and Copyright Harmonization Act of 2002, which is title III, Subtitle C of the Intellectual Property and High Technology Technical Amendments Act of 2002, that does not amend title 17 of the United States Code. Pub. L. No. 107-273, 116 Stat. 1758, 1912.

²The TEACH Act was enacted November 2, 2002.

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