Page:United States Statutes at Large Volume 112 Part 5.djvu/118

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112 STAT. 2876 PUBLIC LAW 105-304—OCT. 28, 1998 the court finds, that the violator was not aware and had no reason to beUeve that its acts constituted a violation. " (B) NONPROFIT LIBRARY, ARCHIVES, OR EDUCATIONAL INSTITUTIONS.— In the case of a nonprofit library, archives, or educational institution, the court shall remit damages in any case in which the library, archives, or educational institution sustains the burden of proving, and the court finds, that the library, archives, or educational institution was not aware and had no reason to believe that its acts constituted a violation. § 1204. Criminal offenses and penalties "(a) IN GENERAL. — Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain— "(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and "(2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense. "(b) LIMITATION FOR NONPROFIT LIBRARY, ARCHIVES, OR EDU- CATIONAL INSTITUTION. —Subsection (a) shall not apply to a nonprofit library, archives, or educational institution. "(c) STATUTE OF LIMITATIONS. —No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose. "§ 1205. Savings clause "Nothing in this chapter abrogates, diminishes, or weakens the provisions of, nor provides any defense or element of mitigation in a criminal prosecution or civil action under, any Federal or State law that prevents the violation of the privacy of an individual in connection with the individual's use of the Internet.". (b) CONFORMING AMENDMENT. — The table of chapters for title 17, United States Code, is amended by adding after the item relating to chapter 11 the following: "12. Copyright Protection and Management Systems 1201". 17 USC 109 note. SEC. 104. EVALUATION OF IMPACT OF COPYRIGHT LAW AND AMEND- MENTS ON ELECTRONIC COMMERCE AND TECHNO- LOGICAL DEVELOPMENT. (a) EVALUATION BY THE REGISTER OF COPYRIGHTS AND THE ASSISTANT SECRETARY FOR COMMUNICATIONS AND INFORMATION.— The Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce shall jointly evaluate— (1) the effects of the amendments made by this title and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, United States Code; and (2) the relationship between existing and emergent technology and the operation of sections 109 and 117 of title 17, United States Code. Deadline. (b) REPORT TO CoNGRESS.The Register of Copyrights and the Assistant Secretary for Communications and Information of the Department of Commerce shall, not later than 24 months after the date of the enactment of this Act, submit to the Congress a joint report on the evaluation conducted under subsection (a).