[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4307 Received in Senate (RDS)]

103d CONGRESS
  2d Session
                                H. R. 4307


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 21 (legislative day, September 12), 1994

                                Received

_______________________________________________________________________

                                 AN ACT


 
To amend title 35, United States Code, with respect to applications for 
            process patents, and for certain other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                  TITLE I--PROCESS PATENT APPLICATIONS

SECTION 101. EXAMINATION OF PROCESS PATENT APPLICATIONS FOR 
              OBVIOUSNESS.

    Section 103 of title 35, United States Code, is amended--
            (1) by designating the first paragraph as subsection (a);
            (2) by designating the second paragraph as subsection (c); 
        and
            (3) by inserting after the first paragraph the following:
    ``(b)(1) Notwithstanding subsection (a), and upon timely election 
by the applicant for patent to proceed under this subsection, a process 
using or resulting in a composition of matter that is novel under 
section 102 and nonobvious under subsection (a) of this section shall 
be considered nonobvious if--
            ``(A) claims to the process and the composition of matter 
        are contained in either the same application for patent or in 
        separate applications having the same effective filing date; 
        and
            ``(B) the composition of matter, and the process at the 
        time it was invented, were owned by the same person or subject 
        to an obligation of assignment to the same person.
    ``(2) A patent issued on a process under paragraph (1)--
            ``(A) shall also contain the claims to the composition of 
        matter used in or made by that process, or
            ``(B) shall, if such composition of matter is claimed in 
        another patent, be set to expire on the same date as such other 
        patent, notwithstanding section 154.''.

SEC. 102. PRESUMPTION OF VALIDITY; DEFENSES.

    Section 282 of title 35, United States Code, is amended by 
inserting after the second sentence of the first paragraph the 
following: ``Notwithstanding the preceding sentence, if a claim to a 
composition of matter is held invalid and that claim was the basis of a 
determination of nonobviousness under section 103(b)(1), the process 
shall no longer be considered nonobvious solely on the basis of section 
103(b)(1).''.

SEC. 103. EFFECTIVE DATE.

    The amendments made by section 101 shall apply to any application 
for patent filed on or after the date of the enactment of this Act and 
to any application for patent pending on such date of enactment, 
including (in either case) an application for the reissue of a patent.

                       TITLE II--COPYRIGHT REFORM

SEC. 201. SHORT TITLE.

    This Act may be cited as the ``Copyright Reform Act of 1993''.

SEC. 202. DEPOSIT OF COPIES OR PHONORECORDS FOR LIBRARY OF CONGRESS.

    Section 407 of title 17, United States Code, is amended as follows:
            (1) Subsection (a) is amended by striking ``(a)'' and all 
        that follows through ``publication--'' and inserting the 
        following:
    ``(a) Required Deposits.--Except as provided in subsection (c), the 
owner of copyright in a work or of the exclusive right of publication 
of a work in the United States shall deposit, after the earliest date 
of such publication--''.
            (2) Subsection (b) is amended--
                    (A) by inserting ``Deposit in Copyright Office.--'' 
                after ``(b)''; and
                    (B) by adding at the end the following: ``A deposit 
                made under this section may be used to satisfy the 
                deposit requirements of section 408.''.
            (3) Subsection (c) is amended--
                    (A) by inserting ``Regulations.--'' after ``(c)''; 
                and
                    (B) by striking ``Register of Copyrights'' and 
                inserting ``Librarian of Congress''.
            (4) Subsection (d) is amended--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively;
                    (B) by striking ``(d) At any time after publication 
                of a work as provided by subsection (a)'' and inserting 
                the following:
    ``(d) Procedures.--(1) During November of each year, the Librarian 
of Congress shall publish in the Federal Register a statement of the 
categories of works of which the Library of Congress wishes to acquire 
copies or phonorecords under this section during the next calendar 
year. The Librarian shall review such statement annually in light of 
the changes in the Library's policies and procedures, changes in 
technology, and changes in patterns of publication. The statement shall 
also describe--
            ``(A) the types of works of which only one copy or 
        phonorecord need be deposited;
            ``(B) the types of works for which the deposit requirements 
        may be fulfilled by placing the Library of Congress on a 
        subscription list; and
            ``(C) the categories of works which are exempt under 
        subsection (c) from the deposit requirements.
    ``(2) At any time after publication in the United States of a work 
or body of works'';
                    (C) by striking ``Register of Copyrights'' and 
                inserting ``Librarian of Congress'';
                    (D) by inserting after the first sentence the 
                following: ``Such demand shall specify a date for 
                compliance with the demand.'';
                    (E) by inserting ``in a civil action'' after ``are 
                liable'';
                    (F) in subparagraph (B) (as redesignated by 
                subparagraph (A) of this paragraph) by striking ``cost 
                of'' and inserting ``cost to'';
                    (G) in subparagraph (C) (as redesignated by 
                subparagraph (A) of this paragraph) by striking 
                ``clauses (1) and (2)'' and inserting ``subparagraphs 
                (A) and (B)''; and
                    (H) by adding after subparagraph (C) (as so 
                redesignated) the following:
``In addition to the penalties set forth in subparagraphs (A), (B), and 
(C), the person against whom an action is brought under this paragraph 
shall be liable in such action for all costs of the United States in 
pursuing the demand, including an amount equivalent to a reasonable 
attorney's fee.''.
            (5) Subsection (e) is amended--
                    (A) by inserting ``Transmission Programs.--'' after 
                ``(e)'';
                    (B) by striking ``Register of Copyrights shall, 
                after consulting with the Librarian of Congress and 
                other interested organizations and officials,'' and 
                inserting ``Librarian of Congress shall, after 
                consulting with interested organizations and 
                officials,''; and
                    (C) in paragraph (2) by striking ``Register of 
                Copyrights'' and inserting ``Librarian of Congress''.
            (6) Section 407 of title 17, United States Code, is further 
        amended by adding at the end the following:
    ``(f) Obligation To Make Deposits.--Immediately upon the 
publication in the United States of any work in which copyright 
subsists under this title, it shall be the obligation of the persons 
identified in subsection (a) with respect to that work, subject to the 
requirements and exceptions specified in this section, to deposit, for 
the use or disposition of the Library of Congress, the copies or 
phonorecords specified in such subsection. The obligation to make such 
deposit arises without any prior notification or demand for compliance 
with subsection (a).
    ``(g) Records of Deposits.--The Librarian of Congress shall 
establish and maintain public records of the receipt of copies and 
phonorecords deposited under this section.
    ``(h) Database of Deposit Records.--The Librarian of Congress shall 
establish and maintain an electronic database containing its records of 
all deposits made under this section on and after October 1, 1995, and 
shall make such database available to the public through one or more 
international information networks.
    ``(i) Delegation Authority.--The Librarian of Congress may delegate 
to the Register of Copyrights or other officer or employee of the 
Library of Congress any of the Librarian's responsibilities under this 
section.''.

SEC. 203. COPYRIGHT REGISTRATION IN GENERAL.

    Section 408 of title 17, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1) by adding at the end the 
                following: ``The Register is also authorized to specify 
                by regulation classes of material in which registration 
                may be made without deposit of any copy or phonorecord, 
                in cases in which the Register determines that the 
                purposes of examination, registration, and deposit can 
                be adequately served by deposit of descriptive material 
                only, or by a written obligation to deposit copies or 
                phonorecords at a later date.''; and
                    (B) in paragraph (2) by striking ``periodicals, 
                including newspapers'' and all that follows through the 
                end of subparagraph (B) and inserting ``collective 
                works, including periodicals, published within a 5-year 
                period, on the basis of a single deposit and 
                application and upon payment of any special 
                registration fee imposed under section 708(a)(10), if 
                the application identifies each work separately, 
                including the collective work containing it and its 
                date of first publication.''; and
            (2) by adding at the end the following:
    ``(f) Copyright Office Hearings.--Not later than 1 year after the 
effective date of this subsection, and at 1-year intervals thereafter, 
the Register of Copyrights shall hold public hearings to consider 
proposals to amend the regulations and practices of the Copyright 
Office with respect to deposit of works in order to eliminate deposits 
that are unnecessary for copyright examination or the collections of 
the Library of Congress, and in order to simplify the registration 
procedures.''.

SEC. 204. APPLICATION FOR COPYRIGHT REGISTRATION.

    (a) Applications.--Section 409 of title 17, United States Code, is 
amended--
            (1) by striking ``The application'' and inserting ``(a) 
        Contents of Application.--The application'';
            (2) in paragraph (5) by inserting before the semicolon the 
        following: ``, and if the document by which ownership was 
        obtained has been recorded in the Copyright Office, the volume 
        and page number of such recordation'';
            (3) by striking paragraphs (9) and (10) and inserting the 
        following:
            ``(9) in the case of a compilation or derivative work, an 
        identification of any preexisting work or works that it is 
        substantially based on or substantially incorporates, and a 
        brief, general statement of the additional material covered by 
        the copyright claim being registered;
            ``(10) at the option of the applicant, names, addresses, 
        and telephone numbers of persons or organizations that 
        potential users of the work should contact concerning 
        permissions or licenses to use the work, and any information 
        with respect to the terms of such permissions or licenses; 
        and''; and
            (4) by adding at the end the following:
    ``(b) Short-Form Application.--
            ``(1) Use of short-form.--The Register of Copyrights shall 
        prescribe a short-form application which may be used whenever--
                    ``(A) the work is by a living author;
                    ``(B) the claimant is the author;
                    ``(C) the work is not anonymous, pseudonymous, or 
                made for hire; and
                    ``(D) the work as a whole, or substantial portions 
                of it, have not been previously published or 
                registered.
            ``(2) Contents of short-form.--The short-form application 
        shall include--
                    ``(A) the name and address of the author;
                    ``(B) the title of the work;
                    ``(C) the nationality or domicile of the author;
                    ``(D) the year in which creation of the work was 
                completed;
                    ``(E) if the work has been published, the date and 
                nation of its first publication;
                    ``(F) any other information regarded by the 
                Register of Copyrights as bearing upon the preparation 
                or identification of the work or the existence, 
                ownership, or duration of the copyright; and
                    ``(G) at the option of the applicant, names, 
                addresses, and telephone numbers of persons or 
                organizations that potential users of the work should 
                contact concerning permissions or licenses to use the 
                work, and any information with respect to the terms of 
                such permissions or licenses.''.
    (b) Effective Date.--The amendments made by this section take 
effect 6 months after the date of the enactment of this Act.

SEC. 205. REGISTRATION OF CLAIM AND ISSUANCE OF CERTIFICATE.

    (a) Determination of Registration.--Section 410 of title 17, United 
States Code, is amended by striking subsections (a) and (b) and 
inserting the following:
    ``(a) Determination of Register.--If, after examination, the 
Register of Copyrights determines, in accordance with the provisions of 
this title, that there is no reasonable possibility that a court would 
hold the work for which a deposit is made pursuant to section 408(c) to 
be copyrightable subject matter, or the Register determines that the 
claim is invalid for any other reason, the Register shall refuse 
registration and notify the applicant in writing of the reasons for 
such refusal. In all other cases, the Register shall register the claim 
and issue to the applicant a certificate of registration under the seal 
of the Copyright Office. A certificate of registration issued under 
this section extends only to those component parts of the work that 
both are the subject matter of copyright and the copyright owner has 
the right to claim. The certificate shall contain the information set 
forth in the application, together with the number and effective date 
of the registration.
    ``(b) Appeals Procedure.--The Register of Copyrights shall 
establish, and publish in the Federal Register, a formal procedure by 
which appeals may be taken from refusals under subsection (a) to 
register claims to copyright. Such procedure shall include a final 
appeal to the Register.''.
    (b) Judicial Proceedings.--Subsection (c) of section 410 of title 
17, United States Code, is amended--
            (1) by inserting ``Evidentiary Weight of Certificate.--'' 
        after ``(c)''; and
            (2) by adding at the end the following: ``Any error or 
        omission made in good faith or upon reasonable reliance on 
        counsel shall not affect the validity of the registration. In 
        no case shall an incorrect statement made in an application for 
        copyright registration invalidate the copyright.''.
    (c) Technical Amendment.--Subsection (d) of section 410 of title 
17, United States Code, is amended by inserting ``Effective Date of 
Registration.--'' after ``(d)''.

SEC. 206. COPYRIGHT REGISTRATION PROVISIONS.

    (a) Registration and Infringement Actions.--(1) Section 411 of 
title 17, United States Code, is amended--
            (A) by amending the section caption to read as follows:
``Sec. 411. Registration and infringement actions for certain works'';
            (B) by striking subsection (a); and
            (C) in subsection (b)--
                    (i) by striking ``(b)''; and
                    (ii) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) serves notice upon the infringer, not less than 10 or 
        more than 30 days before such fixation, identifying the work 
        and the specific time and source of its first transmission; and
            ``(2) submits an application for registration of the 
        copyright claim in the work, in accordance with this title, 
        within 3 months after the first transmission of the work.''.
    (2) The item relating to section 411 in the table of sections at 
the beginning of chapter 4 of title 17, United States Code, is amended 
to read as follows:

``411. Registration and infringement actions for certain works.''.
    (b) Registration as Prerequisite to Certain Remedies for 
Infringement.--Section 412 of title 17, United States Code, and the 
item relating to section 412 in the table of sections at the beginning 
of chapter 4 of title 17, United States Code, are repealed.

SEC. 207. REMEDIES FOR INFRINGEMENT.

    Section 504(c)(2) of title 17, United States Code, is amended in 
the second sentence--
            (1) by striking ``court it'' and inserting ``court in'';
            (2) by inserting ``or eliminate'' after ``reduce''; and
            (3) by striking ``to a sum of not less than $200''.

SEC. 208. NOTIFICATION OF FILING AND DETERMINATION OF ACTIONS.

    Section 508 of title 17, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence by inserting ``and the 
                party filing the action'' after ``United States''; and
                    (B) in the second sentence by inserting ``and the 
                party filing the action'' after ``clerk''; and
            (2) in subsection (b) by inserting ``and the party filing 
        the action'' after ``clerk of the court''.

SEC. 209. STUDY ON MANDATORY DEPOSIT.

    (a) Subject Matter of Study.--Upon the enactment of this Act, the 
Librarian of Congress shall conduct a study of the mandatory deposit 
provisions of section 407 of title 17, United States Code. Such study 
shall place particular emphasis on the implementation of section 407(e) 
of such title with respect to the deposit of transmission programs, as 
well as possible alternative methods of obtaining deposits if the 
mandatory deposit requirements of such section 407 are expanded to 
authorize the collection, archival preservation, and use by the Library 
of Congress of other publicly transmitted works, including unpublished 
works such as computer programs and online databases.
    (b) Conduct of Study.--The study under subsection (a) shall be 
conducted by the Register of Copyright, in consultation with any 
affected interests, and may include the voluntary establishment, in 
collaboration with representatives of such interests, of practical 
tests and pilot projects.
    (c) Report to Congress.--Not later than 18 months after the date of 
the enactment of this Act, the Librarian shall submit to the Congress a 
report on the results of the study conducted under this section, 
together with recommendations the Librarian has on--
            (1) safeguarding the interests of copyright owners whose 
        works are subject to the mandatory deposit provisions referred 
        to in subsection (a);
            (2) fulfilling the present and future needs of the Library 
        of Congress with respect to archival and other collections 
        development; and
            (3) any legislation that may be necessary.

SEC. 210. STUDIES OF EFFECTS OF REGISTRATION AND DEPOSIT PROVISIONS.

    Upon the enactment of this Act, the Librarian of Congress, after 
consultation with the Register of Copyrights and any affected 
interests, shall commence a study of the extent to which changes in the 
registration and deposit provisions of title 17, United States Code, 
that are made by this Act have affected the acquisitions of the Library 
of Congress and the operations of the copyright registration system, 
and any recommendations the Librarian may have with respect to such 
effects. Not later than 3 years after the date of the enactment of this 
Act, the Librarian shall submit to the Congress a report on such study. 
The Librarian may conduct further studies described in the first 
sentence, and report to the Congress on such studies.

SEC. 211. CONFORMING AMENDMENTS.

    (a) Definitions.--Section 101 of title 17, United States Code, is 
amended by striking the definition of the ``country of origin'' of a 
Berne Convention work.
    (b) Infringement of Copyright.--Section 501(b) of title 17, United 
States Code, is amended in the first sentence by striking ``, subject 
to the requirements of section 411,''.
    (c) Remedies for Infringement.--Section 504(a) of title 17, United 
States Code, is amended by striking ``Except as otherwise provided by 
this title, an'' and inserting ``An''.

SEC. 212. ADDITIONAL TECHNICAL AMENDMENTS.

    (a) Amendments to Title 17, United States Code.--Title 17, United 
States Code, is amended as follows:
            (1) The definition of ``publicly'' contained in section 101 
        is amended--
                    (A) by striking ``clause'' and inserting 
                ``paragraph''; and
                    (B) by striking ``processs'' and inserting 
                ``process''.
            (2) The definition of ``registration'' contained in section 
        101 is amended by striking ``412,''.
            (3) Section 108(e) is amended in the matter preceding 
        paragraph (1) by striking ``pair'' and inserting ``fair''.
            (4) Section 109(b)(2)(B) is amended by striking 
        ``Copyright'' and inserting ``Copyrights''.
            (5) Section 304(c) is amended in the matter preceding 
        paragraph (1) by striking ``the subsection (a)(1)(C) and 
        inserting ``subsection (a)(1)(C)''.
            (6) Section 405(b) is amended by striking ``condition or'' 
        and inserting ``condition for''.
            (7) 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''.
            (8) Section 501(a) is amended by striking ``sections 106 
        through 118'' and inserting ``section 106''.
            (9) Section 509(b) is amended by striking ``merchandise; 
        and baggage'' and inserting ``merchandise, and baggage''.
            (10) Section 601 of title 17, United States Code, is 
        amended--
                    (A) in subsection (a) by striking ``nondramtic'' 
                and inserting ``nondramatic''; and
                    (B) in subsection (b)(1) by striking 
                ``subsustantial'' and inserting ``substantial''.
            (11) Section 801(b)(4) of title 17, United States Code, is 
        amended by adding a period after ``chapter 10''.
            (12) 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, licensing, and recordation.''.
            (13) Section 909(b)(1) is amended--
                    (A) by striking ``force'' and inserting ``work''; 
                and
                    (B) by striking ``sumbol'' and inserting 
                ``symbol''.
            (14) Section 910(a) is amended in the second sentence by 
        striking ``as used'' and inserting ``As used''.
            (15) Section 1006(b)(1) is amended by striking ``Federation 
        Television'' and inserting ``Federation of Television''.
            (16) 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''.
            (17) The table of chapters at the beginning of title 17, 
        United States Code, is amended--
                    (A) by amending the item relating to chapter 6 to 
                read as follows:

``6. Manufacturing Requirements and Importation.............     601'';
                    (B) by amending the item relating to chapter 9 to 
                read as follows:

``9. Protection of Semiconductor Chip Products..............     901'';
                and
                    (C) by adding at the end the following:

``10. Digital Audio Recording Devices and Media.............    1001''.
    (b) Other Provisions of Law.--(1) Section 2319(b)(1) of title 18, 
United States Code, is amended by striking ``at last'' and inserting 
``at least''.
    (2) 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''.
    (3) Section 3(a)(1)(C) of the Audio Home Recording Act of 1992 is 
amended by striking ``adding the following new paragraph at the end'' 
and inserting ``inserting after paragraph (3) the following new 
paragraph''.

SEC. 213. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 204(b), and subject 
to subsection (b) of this section, this Act and the amendments made by 
this Act take effect on the date of the enactment of this Act.
    (b) Pending Actions.--The amendments and repeals made by section 
206 shall not affect any action brought under title 17, United States 
Code, before the date of the enactment of this Act.

            Passed the House of Representatives September 20, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4307 RDS----2