[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1260 Reported in Senate (RS)]
Calendar No. 196
106th CONGRESS
1st Session
S. 1260
To make technical corrections in title 17, United States Code, and
other laws.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 1999
Mr. Hatch (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
July 1, 1999
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To make technical corrections in title 17, United States Code, and
other laws.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES
CODE.</DELETED>
<DELETED> (a) Exemption of Certain Performances and Displays on
Exclusive Rights.--Section 110(5) of title 17, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``(A) a direct charge'' and
inserting ``(i) a direct charge''; and</DELETED>
<DELETED> (2) by striking ``(B) the transmission'' and
inserting ``(ii) the transmission''.</DELETED>
<DELETED> (b) Ephemeral Recordings.--Section 112(e) of title 17,
United States Code, is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (3) through (10)
as paragraphs (2) through (9), respectively;</DELETED>
<DELETED> (2) in paragraph (3), as so redesignated, by
striking ``(2)'' and inserting ``(1)'';</DELETED>
<DELETED> (3) in paragraph (4), as so redesignated--
</DELETED>
<DELETED> (A) by striking ``(3)'' and inserting
``(2)'';</DELETED>
<DELETED> (B) by striking ``(4)'' and inserting
``(3)'';</DELETED>
<DELETED> (C) by striking ``(6)'' and inserting
``(5)''; and</DELETED>
<DELETED> (D) by striking ``(3) and (4)'' and
inserting ``(2) and (3)''; and</DELETED>
<DELETED> (4) in paragraph (6), as so redesignated--
</DELETED>
<DELETED> (A) by striking ``(4)'' each place it
appears and inserting ``(3)''; and</DELETED>
<DELETED> (B) by striking ``(5)'' each place it
appears and inserting ``(4)''.</DELETED>
<DELETED> (c) Determination of Reasonable License Fees for
Individual Proprietors.--Chapter 5 of title 17, United States Code, is
amended--</DELETED>
<DELETED> (1) by redesignating the section 512 entitled
``Determination of reasonable license fees for individual
proprietors'' as section 513 and placing such section after the
section 512 entitled ``Limitations on liability relating to
material online''; and</DELETED>
<DELETED> (2) in the table of sections at the beginning of
that chapter by striking</DELETED>
<DELETED>``512. Determination of reasonable license fees for individual
proprietors.''
<DELETED>and inserting</DELETED>
<DELETED>``513. Determination of reasonable license fees for individual
proprietors.''
<DELETED>and placing that item after the item
entitled</DELETED>
<DELETED>``512. Limitations on liability relating to material
online.''.
<DELETED> (d) Online Copyright Infringement Liability.--Section 512
of title 17, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (e)--</DELETED>
<DELETED> (A) by amending the caption to read as
follows:</DELETED>
<DELETED> ``(e) Limitation on Liability of Nonprofit Educational
Institutions.--''; and</DELETED>
<DELETED> (B) in paragraph (2), by striking
``Injunctions.--''; and</DELETED>
<DELETED> (2) in paragraph (3) of subsection (j), by
amending the caption to read as follows:</DELETED>
<DELETED> ``(3) Notice and ex parte orders.--''.</DELETED>
<DELETED> (e) Integrity of Copyright Management Information.--
Section 1202(e)(2)(B) of title 17, United States Code, is amended by
striking ``category or works'' and inserting ``category of
works''.</DELETED>
<DELETED> (f) Protection of Designs.--(1) Section 1302(5) of title
17, United States Code, is amended by striking ``1 year'' and inserting
``2 years''.</DELETED>
<DELETED> (2) Section 1320(c) of title 17, United States Code, is
amended in the subsection caption by striking ``Acknowledgement'' and
inserting ``Acknowledgment''.</DELETED>
<DELETED>SEC. 2. OTHER TECHNICAL CORRECTIONS.</DELETED>
<DELETED> (a) Clerical Amendment to Title 28, U.S.C.--The section
heading for section 1400 of title 28, United States Code, is amended to
read as follows:</DELETED>
<DELETED>``Sec. 1400. Patents and copyrights, mask works, and
designs''.</DELETED>
<DELETED> (b) Elimination of Conflicting Provision.--Section 5316 of
title 5, United States Code, is amended by striking ``Commissioner of
Patents, Department of Commerce.''.</DELETED>
<DELETED> (c) Clerical Correction to Title 35, U.S.C.--Section 3(d)
of title 35, United States Code, is amended by striking ``, United
States Code''.</DELETED>
SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE.
(a) Exemption of Certain Performances and Displays on Exclusive
Rights.--Section 110(5) of title 17, United States Code, is amended--
(1) by striking ``(A) a direct charge'' and inserting ``(i)
a direct charge''; and
(2) by striking ``(B) the transmission'' and inserting
``(ii) the transmission''.
(b) Ephemeral Recordings.--Section 112(e) of title 17, United
States Code, is amended--
(1) by redesignating paragraphs (3) through (10) as
paragraphs (2) through (9), respectively;
(2) in paragraph (3), as so redesignated, by striking
``(2)'' and inserting ``(1)'';
(3) in paragraph (4), as so redesignated--
(A) by striking ``(3)'' and inserting ``(2)'';
(B) by striking ``(4)'' and inserting ``(3)'';
(C) by striking ``(6)'' and inserting ``(5)''; and
(D) by striking ``(3) and (4)'' and inserting ``(2)
and (3)''; and
(4) in paragraph (6), as so redesignated--
(A) by striking ``(4)'' each place it appears and
inserting ``(3)''; and
(B) by striking ``(5)'' each place it appears and
inserting ``(4)''.
(c) Determination of Reasonable License Fees for Individual
Proprietors.--Chapter 5 of title 17, United States Code, is amended--
(1) by redesignating the section 512 entitled
``Determination of reasonable license fees for individual
proprietors'' as section 513 and placing such section after the
section 512 entitled ``Limitations on liability relating to
material online''; and
(2) in the table of sections at the beginning of that
chapter by striking
``512. Determination of reasonable license fees for individual
proprietors.''
and inserting
``513. Determination of reasonable license fees for individual
proprietors.''
and placing that item after the item entitled
``512. Limitations on liability relating to material online.''.
(d) Online Copyright Infringement Liability.--Section 512 of title
17, United States Code, is amended--
(1) in subsection (e)--
(A) by amending the caption to read as follows:
``(e) Limitation on Liability of Nonprofit Educational
Institutions.--''; and
(B) in paragraph (2), by striking ``Injunctions.--
''; and
(2) in paragraph (3) of subsection (j), by amending the
caption to read as follows:
``(3) Notice and ex parte orders.--''.
(e) Integrity of Copyright Management Information.--Section
1202(e)(2)(B) of title 17, United States Code, is amended by striking
``category or works'' and inserting ``category of works''.
(f) Protection of Designs.--(1) Section 1302(5) of title 17, United
States Code, is amended by striking ``1 year'' and inserting ``2
years''.
(2) Section 1320(c) of title 17, United States Code, is amended in
the subsection caption by striking ``Acknowledgement'' and inserting
``Acknowledgment''.
(g) Miscellaneous Clerical Amendments.--
(1) Section 101 of title 17, United States Code, is
amended--
(A) by transferring and inserting the definition of
``United States work'' after the definition of ``United
States''; and
(B) in the definition of ``proprietor'', by
striking ``A `proprietor' '' and inserting ``For
purposes of section 513, a `proprietor' ''.
(2) Section 106 of title 17, United States Code, is amended
by striking ``120'' and inserting ``121''.
(3) Section 118(e) of title 17, United States Code, is
amended--
(A) by striking ``subsection (b).'' and all that
follows through ``Owners'' and inserting ``subsection
(b). Owners''; and
(B) by striking paragraph (2).
(4) Section 119(a)(8)(C)(ii) of title 17, United States
Code, is amended by striking ``network's station'' and
inserting ``network station's''.
(5) Section 501(a) of title 17, United States Code, is
amended by striking ``118'' and inserting ``121''.
(6) Section 511(a) of title 17, United States Code, is
amended by striking ``119'' and inserting ``121''.
SEC. 2. OTHER TECHNICAL CORRECTIONS.
(a) Clerical Amendment to Title 28, U.S.C.--The section heading for
section 1400 of title 28, United States Code, is amended to read as
follows:
``Sec. 1400. Patents and copyrights, mask works, and designs''.
(b) Elimination of Conflicting Provision.--Section 5316 of title 5,
United States Code, is amended by striking ``Commissioner of Patents,
Department of Commerce.''.
(c) Clerical Correction to Title 35, U.S.C.--Section 3(d) of title
35, United States Code, is amended by striking ``, United States
Code''.
Calendar No. 196
106th CONGRESS
1st Session
S. 1260
_______________________________________________________________________
A BILL
To make technical corrections in title 17, United States Code, and
other laws.
_______________________________________________________________________
July 1, 1999
Reported with an amendment