[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5107 Enrolled Bill (ENR)]

        H.R.5107

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
              To make certain corrections in copyright law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Work Made For Hire and Copyright 
Corrections Act of 2000''.

SEC. 2. WORK MADE FOR HIRE.

    (a) Definition.--The definition of ``work made for hire'' contained 
in section 101 of title 17, United States Code, is amended--
        (1) in paragraph (2), by striking ``as a sound recording,''; 
    and
        (2) by inserting after paragraph (2) the following:
    ``In determining whether any work is eligible to be considered a 
    work made for hire under paragraph (2), neither the amendment 
    contained in section 1011(d) of the Intellectual Property and 
    Communications Omnibus Reform Act of 1999, as enacted by section 
    1000(a)(9) of Public Law 106-113, nor the deletion of the words 
    added by that amendment--
            ``(A) shall be considered or otherwise given any legal 
        significance, or
            ``(B) shall be interpreted to indicate congressional 
        approval or disapproval of, or acquiescence in, any judicial 
        determination,
    by the courts or the Copyright Office. Paragraph (2) shall be 
    interpreted as if both section 2(a)(1) of the Work Made For Hire 
    and Copyright Corrections Act of 2000 and section 1011(d) of the 
    Intellectual Property and Communications Omnibus Reform Act of 
    1999, as enacted by section 1000(a)(9) of Public Law 106-113, were 
    never enacted, and without regard to any inaction or awareness by 
    the Congress at any time of any judicial determinations.''.
    (b) Effective Date.--
        (1) Effective date.--The amendments made by this section shall 
    be effective as of November 29, 1999.
        (2) Severability.--If the provisions of paragraph (1), or any 
    application of such provisions to any person or circumstance, is 
    held to be invalid, the remainder of this section, the amendments 
    made by this section, and the application of this section to any 
    other person or circumstance shall not be affected by such 
    invalidation.

SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.

    (a) Amendments to Chapter 7.--Chapter 7 of title 17, United States 
Code, is amended as follows:
        (1) Section 710, and the item relating to that section in the 
    table of contents for chapter 7, are repealed.
        (2) Section 705(a) is amended to read as follows:
    ``(a) The Register of Copyrights shall ensure that records of 
deposits, registrations, recordations, and other actions taken under 
this title are maintained, and that indexes of such records are 
prepared.''.
        (3)(A) Section 708(a) is amended to read as follows:
    ``(a) Fees.--Fees shall be paid to the Register of Copyrights--
        ``(1) on filing each application under section 408 for 
    registration of a copyright claim or for a supplementary 
    registration, including the issuance of a certificate of 
    registration if registration is made;
        ``(2) on filing each application for registration of a claim 
    for renewal of a subsisting copyright under section 304(a), 
    including the issuance of a certificate of registration if 
    registration is made;
        ``(3) for the issuance of a receipt for a deposit under section 
    407;
        ``(4) for the recordation, as provided by section 205, of a 
    transfer of copyright ownership or other document;
        ``(5) for the filing, under section 115(b), of a notice of 
    intention to obtain a compulsory license;
        ``(6) for the recordation, under section 302(c), of a statement 
    revealing the identity of an author of an anonymous or pseudonymous 
    work, or for the recordation, under section 302(d), of a statement 
    relating to the death of an author;
        ``(7) for the issuance, under section 706, of an additional 
    certificate of registration;
        ``(8) for the issuance of any other certification; and
        ``(9) for the making and reporting of a search as provided by 
    section 705, and for any related services.
The Register is authorized to fix fees for other services, including 
the cost of preparing copies of Copyright Office records, whether or 
not such copies are certified, based on the cost of providing the 
service.''.
            (B) Section 708(b) is amended--
                (i) by striking the matter preceding paragraph (1) and 
            inserting the following:
    ``(b) Adjustment of Fees.--The Register of Copyrights may, by 
regulation, adjust the fees for the services specified in paragraphs 
(1) through (9) of subsection (a) in the following manner:'';
                (ii) in paragraph (1), by striking ``increase'' and 
            inserting ``adjustment'';
                (iii) in paragraph (2), by striking ``increase'' the 
            first place it appears and inserting ``adjust''; and
                (iv) in paragraph (5), by striking ``increased'' and 
            inserting ``adjusted''.
    (b) Conforming Amendment.--Section 121(a) of title 17, United 
States Code, is amended by striking ``sections 106 and 710'' and 
inserting ``section 106''.
    (c) Effective Date.--
        (1) In general.--The amendments made by this section shall take 
    effect on the date of the enactment of this Act.
        (2) Carry-over of existing fees.--The fees under section 708(a) 
    of title 17, United States Code, on the date of the enactment of 
    this Act shall be the fees in effect under section 708(a) of such 
    title on the day before such date of enactment.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.