[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1861 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1861

To make technical corrections in the Satellite Home Viewer Act of 1994 
         and other provisions of title 17, United States Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1995

 Mr. Moorhead introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make technical corrections in the Satellite Home Viewer Act of 1994 
         and other 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,
SECTION 1. SATELLITE HOME VIEWER ACT.

    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'.''.

SEC. 2. DUPLICATIVE PUBLICATION IN FEDERAL REGISTER.

    Section 104A(e)(1)(B)(ii) of title 17, United States Code, is 
amended by striking the last sentence.

SEC. 3. NEGOTIATED LICENSE FOR JUKEBOXES.

    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 the result of the negotiation by 
        arbitration in accordance with the provisions of chapter 8.''; 
        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.''.

SEC. 4. PUBLIC BROADCASTING COMPULSORY LICENSE.

    Section 118 of title 17, United States Code, is amended as follows:
            (1) Subsection (b) is amended by striking paragraph (1) and 
        redesignating paragraphs (2) and (3) as paragraphs (1) and (2), 
        respectively.
            (2) Subsection (b)(2) (as redesignated by paragraph (1) of 
        this section) is amended by striking ``(2)'' each place it 
        appears and inserting ``(1)''.
            (3) Subsection (e) is amended to read as follows:
    ``(e)(1) Except as expressly provided in this subsection, this 
section shall not apply to works other than those specified in 
subsection (b).
    ``(2) Owners of copyright in nondramatic literary works and public 
broadcasting entities may, during the course of voluntary negotiations, 
agree among themselves, respectively, as to the terms and rates of 
royalty payments without liability under the antitrust laws. Any such 
terms and rates of royalty payments shall be effective upon being filed 
in the Copyright Office, in accordance with regulations that the 
Register of Copyrights shall prescribe.''.

SEC. 5. REGISTRATION AND INFRINGEMENT ACTIONS.

    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''.

SEC. 6. COPYRIGHT OFFICE FEES.

    Section 708(b) of title 17, United States Code, is amended to read 
as follows:
    ``(b)(1) Subject to paragraph (2), in calender year 1996 and in any 
subsequent calendar year, the Register of Copyrights, by regulation, 
may increase the fees specified in subsection (a) by the percent change 
in the Consumer Price Index published by the Bureau of Labor 
Statistics, calculated from the month before the last fee became 
effective to the month before the new fee is published, rounded off to 
the nearest dollar, or for a fee less than $12, rounded off to the 
nearest 50 cents. In the case of a change calculated from 1990, the 
Consumer Price Index for the month of June 1990 shall be used.
    ``(2) The Register may not increase fees under paragraph (1) at 
intervals of less than 5 years.''.

SEC. 7. COPYRIGHT ARBITRATION ROYALTY PANELS.

    (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 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 paid pursuant to a signed agreement between the 
Library of Congress and the arbitrator. Subject to the provisions of 
section 802(c), payments to the arbitrators shall be considered costs 
incurred by the Library of Congress and the Copyright Office for 
purposes of section 802(h)(1).''.
    (b) Proceedings.--Section 802(h)(1) of title 17, United States 
Code, is amended--
            (1) by amending the heading to read ``Deduction of costs of 
        library of congress and copyright office from royalty fees.--
        ''; and
            (2) by inserting before the period at the end of the third 
        sentence the following: ``, by assessing 50 percent of the 
        costs to the parties who would receive royalties from the 
        royalty rate adopted in the proceeding and 50 percent of the 
        costs to the parties who would pay the royalty rate so 
        adopted''.

SEC. 8. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.

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

SEC. 9. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), 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).
                                 <all>