A compromise has been reached in the Senate that could mean a bill that gives internet and online service providers and telecommunications companies some protection from prosecution if their services are used to illegally transmit copyrighted products, such as music and films. The Senate Judiciary Committee has unanimously approved legislation called the Digital Millennium Copyright Act, which is based on two treaties agreed under the aegis of the World Intellectual Property Organization (WIPO) in 1996. The committee’s stamp of approval means the legislation has a very good chance of becoming law. The equivalent committee in the House approved a bill earlier this month, but that did not include the part that clarifies the legal responsibilities of service providers, but that is now expected to be included in the House legislation as well. The protection from prosecution means the service providers do not have to monitor their traffic so closely. But as part of the agreement, they have agreed to work with the owners of copyrighted materials to protect those copyrights. Straight carriers, such as Ameritech Corp or Bell Atlantic Corp cannot be prosecuted under the legislation. But service providers like America Online Inc can be held liable if they have actual knowledge of that copyrighted works are being illegally transmitted or posted on their network. The bill will also establish a system to remove illegal copies from the internet and private networks, and lays out procedures for copyright owners to inform their providers of illegal postings. If those procedures are followed, the service provider is obliged to remove the offending material.
