[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