[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 672 Enrolled Bill (ENR)]
H.R.672
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To make technical amendments to certain provisions of title 17, United
States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

6a7e67cc473fd36c9b5d2a298f857a8fdbffab59963293da995de8863eecf8c0

1994.
The Satellite Home Viewer Act of 1994 (Public Law 103-369) is
amended as follows:
(1) Section 2(3)(A) is amended to read as follows:
``(A) in clause (i) by striking `12 cents' and inserting
`17.5 cents per subscriber in the case of superstations that as
retransmitted by the satellite carrier include any program
which, if delivered by any cable system in the United States,
would be subject to the syndicated exclusivity rules of the
Federal Communications Commission, and 14 cents per subscriber
in the case of superstations that are syndex-proof as defined
in section 258.2 of title 37, Code of Federal Regulations';
and''.
(2) Section 2(4) is amended to read as follows:
``(4) Subsection (c) is amended--
``(A) in paragraph (1)--
``(i) by striking `until December 31, 1992,';
``(ii) by striking `(2), (3) or (4)' and inserting `(2)
or (3)'; and
``(iii) by striking the second sentence;
``(B) in paragraph (2)--
``(i) in subparagraph (A) by striking `July 1, 1991'
and inserting `July 1, 1996'; and
``(ii) in subparagraph (D) by striking `December 31,
1994' and inserting `December 31, 1999, or in accordance
with the terms of the agreement, whichever is later'; and
``(C) in paragraph (3)--
``(i) in subparagraph (A) by striking `December 31,
1991' and inserting `January 1, 1997';
``(ii) by amending subparagraph (B) to read as follows:
```(B) Establishment of royalty fees.--In determining
royalty fees under this paragraph, the copyright arbitration
royalty panel appointed under chapter 8 shall establish fees
for the retransmission of network stations and superstations
that most clearly represent the fair market value of secondary
transmissions. In determining the fair market value, the panel
shall base its decision on economic, competitive, and
programming information presented by the parties, including--
```(i) the competitive environment in which such
programming is distributed, the cost of similar signals in
similar private and compulsory license marketplaces, and
any special features and conditions of the retransmission
marketplace;
```(ii) the economic impact of such fees on copyright
owners and satellite carriers; and
```(iii) the impact on the continued availability of
secondary transmissions to the public.'; and
``(iii) in subparagraph (C), by inserting `or July 1,
1997, whichever is later' after `section 802(g)'.''.
(3) Section 2(5)(A) is amended to read as follows:
``(A) in paragraph (5)(C) by striking `the date of the
enactment of the Satellite Home Viewer Act of 1988' and
inserting `November 16, 1988'; and''.

f9e73872a203534aeebfd5d0cbc4857f1e2eee225f24955073de92ac54e6567a

Section 104A of title 17, United States Code, is amended as
follows:
(1) Subsection (d)(3)(A) is amended to read as follows:
``(3) Existing derivative works.--(A) In the case of a
derivative work that is based upon a restored work and is created--
``(i) before the date of the enactment of the Uruguay Round
Agreements Act, if the source country of the restored work is
an eligible country on such date, or
``(ii) before the date on which the source country of the
restored work becomes an eligible country, if that country is
not an eligible country on such date of enactment,
a reliance party may continue to exploit that derivative work for
the duration of the restored copyright if the reliance party pays
to the owner of the restored copyright reasonable compensation for
conduct which would be subject to a remedy for infringement but for
the provisions of this paragraph.''.
(2) Subsection (e)(1)(B)(ii) is amended by striking the last
sentence.
(3) Subsection (h)(2) is amended to read as follows:
``(2) The `date of restoration' of a restored copyright is--
``(A) January 1, 1996, if the source country of the
restored work is a nation adhering to the Berne Convention or a
WTO member country on such date, or
``(B) the date of adherence or proclamation, in the case of
any other source country of the restored work.''.
(4) Subsection (h)(3) is amended to read as follows:
``(3) The term `eligible country' means a nation, other than
the United States, that--
``(A) becomes a WTO member country after the date of the
enactment of the Uruguay Round Agreements Act;
``(B) on such date of enactment is, or after such date of
enactment becomes, a member of the Berne Convention; or
``(C) after such date of enactment becomes subject to a
proclamation under subsection (g).
For purposes of this section, a nation that is a member of the
Berne Convention on the date of the enactment of the Uruguay Round
Agreements Act shall be construed to become an eligible country on
such date of enactment.''.

dc7fcd23ad3c53508645818cd4a813544f4626e352a2c48d0ccdbe7370d7cb4f

Section 114(f) of title 17, United States Code, is amended--
(1) in paragraph (1), by inserting ``, or, if a copyright
arbitration royalty panel is convened, ending 30 days after the
Librarian issues and publishes in the Federal Register an order
adopting the determination of the copyright arbitration royalty
panel or an order setting the terms and rates (if the Librarian
rejects the panel's determination)'' after ``December 31, 2000'';
and
(2) in paragraph (2), by striking ``and publish in the Federal
Register''.

72a012b6c876cfce88408c34203cca1a95e82eb012937418055659d717a486be

Section 115(c)(3)(D) of title 17, United States Code, is amended by
striking ``and publish in the Federal Register''.

f4f1eb98aa905778245a2ffdefca0effed133b449a09e515ee8602a865cf7fde

Section 116 of title 17, United States Code, is amended--
(1) by amending subsection (b)(2) to read as follows:
``(2) Arbitration.--Parties not subject to such a negotiation
may determine, by arbitration in accordance with the provisions of
chapter 8, the terms and rates and the division of fees described
in paragraph (1).''; and
(2) by adding at the end the following new subsection:
``(d) Definitions.--As used in this section, the following terms
mean the following:
``(1) A `coin-operated phonorecord player' is a machine or
device that--
``(A) is employed solely for the performance of nondramatic
musical works by means of phonorecords upon being activated by
the insertion of coins, currency, tokens, or other monetary
units or their equivalent;
``(B) is located in an establishment making no direct or
indirect charge for admission;
``(C) is accompanied by a list which is comprised of the
titles of all the musical works available for performance on
it, and is affixed to the phonorecord player or posted in the
establishment in a prominent position where it can be readily
examined by the public; and
``(D) affords a choice of works available for performance
and permits the choice to be made by the patrons of the
establishment in which it is located.
``(2) An `operator' is any person who, alone or jointly with
others--
``(A) owns a coin-operated phonorecord player;
``(B) has the power to make a coin-operated phonorecord
player available for placement in an establishment for purposes
of public performance; or
``(C) has the power to exercise primary control over the
selection of the musical works made available for public
performance on a coin-operated phonorecord player.''.

8ae205a82437b19c97ee81455cdc219ba1ea2e40c1744ab3ea1d6a48ac484865

Section 411(b)(1) of title 17, United States Code, is amended to
read as follows:
``(1) serves notice upon the infringer, not less than 48 hours
before such fixation, identifying the work and the specific time
and source of its first transmission, and declaring an intention to
secure copyright in the work; and''.

64c69006a550cdb2b4834bee8568f2adb365faf263b5a5e159bbd4d224ea69af

(a) Fee Increases.--Section 708(b) of title 17, United States Code,
is amended to read as follows:
``(b) In calendar year 1997 and in any subsequent calendar year,
the Register of Copyrights, by regulation, may increase the fees
specified in subsection (a) in the following manner:
``(1) The Register shall conduct a study of the costs incurred
by the Copyright Office for the registration of claims, the
recordation of documents, and the provision of services. The study
shall also consider the timing of any increase in fees and the
authority to use such fees consistent with the budget.
``(2) The Register may, on the basis of the study under
paragraph (1), and subject to paragraph (5), increase fees to not
more than that necessary to cover the reasonable costs incurred by
the Copyright Office for the services described in paragraph (1),
plus a reasonable inflation adjustment to account for any estimated
increase in costs.
``(3) Any fee established under paragraph (2) shall be rounded
off to the nearest dollar, or for a fee less than $12, rounded off
to the nearest 50 cents.
``(4) Fees established under this subsection shall be fair and
equitable and give due consideration to the objectives of the
copyright system.
``(5) If the Register determines under paragraph (2) that fees
should be increased, the Register shall prepare a proposed fee
schedule and submit the schedule with the accompanying economic
analysis to the Congress. The fees proposed by the Register may be
instituted after the end of 120 days after the schedule is
submitted to the Congress unless, within that 120-day period, a law
is enacted stating in substance that the Congress does not approve
the schedule.''.
(b) Deposit of Fees.--Section 708(d) of such title is amended to
read as follows:
``(d)(1) Except as provided in paragraph (2), all fees received
under this section shall be deposited by the Register of Copyrights in
the Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office. Such
fees that are collected shall remain available until expended. The
Register may, in accordance with regulations that he or she shall
prescribe, refund any sum paid by mistake or in excess of the fee
required by this section.
``(2) In the case of fees deposited against future services, the
Register of Copyrights shall request the Secretary of the Treasury to
invest in interest-bearing securities in the United States Treasury any
portion of the fees that, as determined by the Register, is not
required to meet current deposit account demands. Funds from such
portion of fees shall be invested in securities that permit funds to be
available to the Copyright Office at all times if they are determined
to be necessary to meet current deposit account demands. Such
investments shall be in public debt securities with maturities suitable
to the needs of the Copyright Office, as determined by the Register of
Copyrights, and bearing interest at rates determined by the Secretary
of the Treasury, taking into consideration current market yields on
outstanding marketable obligations of the United States of comparable
maturities.
``(3) The income on such investments shall be deposited in the
Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office.''.

7de19253e311fc1bd15a42022787b15a3a92dfb160688a2075186b07537c8b32

(a) Establishment and Purpose.--Section 801 of title 17, United
States Code, is amended--
(1) in subsection (b)(1) by striking ``and 116'' in the first
sentence and inserting ``116, and 119'';
(2) in subsection (c) by inserting after ``panel'' at the end
of the sentence the following:
``, including--
``(1) authorizing the distribution of those royalty fees
collected under sections 111, 119, and 1005 that the Librarian has
found are not subject to controversy; and
``(2) accepting or rejecting royalty claims filed under
sections 111, 119, and 1007 on the basis of timeliness or the
failure to establish the basis for a claim''; and
(3) by amending subsection (d) to read as follows:
``(d) Support and Reimbursement of Arbitration Panels.--The
Librarian of Congress, upon the recommendation of the Register of
Copyrights, shall provide the copyright arbitration royalty panels with
the necessary administrative services related to proceedings under this
chapter, and shall reimburse the arbitrators presiding in distribution
proceedings at such intervals and in such manner as the Librarian shall
provide by regulation. Each such arbitrator is an independent
contractor acting on behalf of the United States, and shall be hired
pursuant to a signed agreement between the Library of Congress and the
arbitrator. Payments to the arbitrators shall be considered reasonable
costs incurred by the Library of Congress and the Copyright Office for
purposes of section 802(h)(1).''.
(b) Proceedings.--Section 802(h) of title 17, United States Code,
is amended by amending paragraph (1) to read as follows:
``(1) Deduction of costs of library of congress and copyright
office from royalty fees.--The Librarian of Congress and the
Register of Copyrights may, to the extent not otherwise provided
under this title, deduct from royalty fees deposited or collected
under this title the reasonable costs incurred by the Library of
Congress and the Copyright Office under this chapter. Such
deduction may be made before the fees are distributed to any
copyright claimants. In addition, all funds made available by an
appropriations Act as offsetting collections and available for
deductions under this subsection shall remain available until
expended. In ratemaking proceedings, the reasonable costs of the
Librarian of Congress and the Copyright Office shall be borne by
the parties to the proceedings as directed by the arbitration
panels under subsection (c).''.

36947e9e9e2d255c22119e9a9fdf39cab5e8c0cb6c4dce67eda980e49c95d894

Section 1007(b) of title 17, United States Code, is amended by
striking ``Within 30 days after'' in the first sentence and inserting
``After''.

1fcfa11c03c0f9b68b55c36e5ab0ffb8c4fcc2ecbb22fe86569ae345899b1755

Section 4 of the Digital Performance Right in Sound Recordings Act
of 1995 (Public Law 104-39) is amended by redesignating paragraph (5)
as paragraph (4).

4cc8fb7fd4f18fc07174f2d2a37aff0f36dd509e7976457cefa00734f624ccf7

Section 303 of title 17, United States Code, is amended--
(1) by striking ``Copyright'' and inserting ``(a) Copyright'';
and
(2) by inserting at the end the following:
``(b) The distribution before January 1, 1978, of a phonorecord
shall not for any purpose constitute a publication of the musical work
embodied therein.''.

359ba07d550464f0747e211dfc126dbd5e2fc909842b1dea96abf129cdec6e87

(a) Amendments to Title 17, United States Code.--Title 17, United
States Code, is amended as follows:
(1) The table of chapters at the beginning of title 17, United
States Code, is amended--
(A) in the item relating to chapter 6, by striking
``Requirement'' and inserting ``Requirements'';
(B) in the item relating to chapter 8, by striking
``Royalty Tribunal'' and inserting ``Arbitration Royalty
Panels'';
(C) in the item relating to chapter 9, by striking
``semiconductor chip products'' and inserting ``Semiconductor
Chip Products''; and
(D) by inserting after the item relating to chapter 9 the
following:
``10. Digital Audio Recording Devices and Media..................1001''.
(2) The item relating to section 117 in the table of sections
at the beginning of chapter 1 is amended to read as follows:
``117. Limitations on exclusive rights: Computer programs.''.
(3) Section 101 is amended in the definition of to perform or
display a work ``publicly'' by striking ``processs'' and inserting
``process''.
(4) Section 108(e) is amended by striking ``pair'' and
inserting ``fair''.
(5) Section 109(b)(2)(B) is amended by striking ``Copyright''
and inserting ``Copyrights''.
(6) Section 110 is amended--
(A) in paragraph (8) by striking the period at the end and
inserting a semicolon;
(B) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(C) in paragraph (10) by striking ``4 above'' and inserting
``(4)''.
(7) Section 115(c)(3)(E) is amended--
(A) in clause (i) by striking ``sections 106(1) and (3)''
each place it appears and inserting ``paragraphs (1) and (3) of
section 106''; and
(B) in clause (ii)(II) by striking ``sections 106(1) and
106(3)'' and inserting ``paragraphs (1) and (3) of section
106''.
(8) Section 119(c)(1) is amended by striking ``until unless''
and inserting ``unless''.
(9) Section 304(c) is amended in the matter preceding paragraph
(1) by striking ``the subsection (a)(1)(C)'' and inserting
``subsection (a)(1)(C)''.
(10) Section 405(b) is amended by striking ``condition or'' and
inserting ``condition for''.
(11) Section 407(d)(2) is amended by striking ``cost of'' and
inserting ``cost to''.
(12) The item relating to section 504 in the table of sections
at the beginning of chapter 5 is amended by striking ``Damage'' and
inserting ``Damages''.
(13) Section 504(c)(2) is amended by striking ``court it'' and
inserting ``court in''.
(14) Section 509(b) is amended by striking ``merchandise; and
baggage'' and inserting ``merchandise, and baggage''.
(15) Section 601(a) is amended by striking ``nondramtic'' and
inserting ``nondramatic''.
(16) Section 601(b)(1) is amended by striking ``subsustantial''
and inserting ``substantial''.
(17) The item relating to section 710 in the table of sections
at the beginning of chapter 7 is amended by striking
``Reproductions'' and inserting ``Reproduction''.
(18) The item relating to section 801 in the table of sections
at the beginning of chapter 8 is amended by striking
``establishment'' and inserting ``Establishment''.
(19) Section 801(b) is amended--
(A) by striking ``shall be--'' and inserting ``shall be as
follows:'';
(B) in paragraph (1) by striking ``to make'' and inserting
``To make'';
(C) in paragraph (2)--
(i) by striking ``to make'' and inserting ``To make'';
and
(ii) in subparagraph (D) by striking ``adjustment;
and'' and inserting ``adjustment.''; and
(D) in paragraph (3) by striking ``to distribute'' and
inserting ``To distribute''.
(20) Section 803(b) is amended in the second sentence by
striking ``subsection subsection'' and inserting ``subsection''.
(21) The item relating to section 903 in the table of sections
at the beginning of chapter 9 is amended to read as follows:
``903. Ownership, transfer, licensure, and recordation.''.
(22) Section 909(b)(1) is amended--
(A) by striking ``force'' and inserting ``work''; and
(B) by striking ``sumbol'' and inserting ``symbol''.
(23) Section 910(a) is amended in the second sentence by
striking ``as used'' and inserting ``As used''.
(24) Section 1006(b)(1) is amended by striking ``Federation
Television'' and inserting ``Federation of Television''.
(25) Section 1007 is amended--
(A) in subsection (a)(1) by striking ``the calendar year in
which this chapter takes effect'' and inserting ``calendar year
1992''; and
(B) in subsection (b) by striking ``the year in which this
section takes effect'' and inserting ``1992''.
(b) Related Provisions.--
(1) Section 1(a)(1) of the Act entitled ``An Act to amend
chapter 9 of title 17, United States Code, regarding protection
extended to semiconductor chip products of foreign entities'',
approved November 9, 1987 (17 U.S.C. 914 note), is amended by
striking ``orginating'' and inserting ``originating''.
(2) Section 2319(b)(1) of title 18, United States Code, is
amended by striking ``last 10'' and inserting ``least 10''.

4acef3e25325097cc8a88fc757266a73f1c8d4f6a71b44212946fcbdec4521a9

(a) In General.--Except as provided in subsections (b) and (c), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Satellite Home Viewer Act.--The amendments made by section 1
shall be effective as if enacted as part of the Satellite Home Viewer
Act of 1994 (Public Law 103-369).
(c) Technical Amendment.--The amendment made by section 12(b)(1)
shall be effective as if enacted on November 9, 1987.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

15dc02a0ca374544a24ba9e4e565185274f40b9794b7edea676839ba68d5dd64

To make technical amendments to certain provisions of title 17, United States Code.

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