http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.5522:
SEC. 3. PROTECTING FAIR USE AND CONSUMER EXPECTATIONS IN THE DIGITAL WORLD.
(a) FAIR USE- The first sentence of section 107 of title 17, United States Code, is amended by inserting after `or by any other means specified in that section,' the following: `and by analog or digital transmissions,'.
(b) PERMISSIBLE USES OF DIGITAL WORKS-
(1) IN GENERAL- Chapter 1 of title 17, United States Code, is amended by adding after section 122 the following:
`Sec. 123. Limitations on exclusive rights; Permissible uses of digital works
`(a) USE OF LAWFULLY OBTAINED DIGITAL WORKS- Notwithstanding the provisions of section 106, it is not an infringement of copyright for a person who lawfully obtains a copy or phonorecord of a digital work, or who lawfully receives a transmission of a digital work, to reproduce, store, adapt, or access the digital work--
`(1) for archival purposes, if all such archival copies are destroyed or rendered permanently inaccessible in the event that continued possession of the work should cease to be rightful; and
`(2) in order to perform or display the work, or an adaptation of the work, on a digital media device, if such performance or display is not public.
`(b) EFFECT OF LICENSES- When a digital work is distributed to the public subject to nonnegotiable license terms, such terms shall not be enforceable under the common laws or statutes of any State to the extent that they restrict or limit any of the limitations on exclusive rights under this title.
`(c) DEFINITIONS- As used in this section, the following terms have the following meanings:
`(1) A `digital work' is any literary work (except a computer program), sound recording or musical work, or a dramatic work, motion picture, or other audiovisual work, in whole or in part in a digital or other nonanalog format.
`(2) A `digital media device' is any hardware or software that converts copyrighted works in digital form into a form whereby the images and sounds are visible or audible, or retrieves or accesses copyrighted works in digital form and transfers or makes available for transfer such works to such hardware or software.
`(d) CONSTRUCTION- Nothing in this section shall enlarge or diminish any of the other limitations on exclusive rights contained in this title, including any limitations that relate to archival activities by a library or an archives under sections 107 and 108.'.
(2) CONFORMING AMENDMENT- The table of sections for chapter 1 of title 17, United States Code, is amended by adding at the end the following new item:
`123. Limitations on exclusive rights; Permissible uses of digital works.'.