[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Reported in Senate (RS)]






                                                       Calendar No. 528
108th CONGRESS
  2d Session
                                S. 1933

To promote effective enforcement of copyrights, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2003

Mr. Hatch (for himself, Mrs. Feinstein, and Mr. Cornyn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                              May 20, 2004

                 Reported by Mr. Hatch, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
To promote effective enforcement of copyrights, and for other purposes.

    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 ``Enhancing Federal Obscenity 
Reporting and Copyright Enforcement Act of <DELETED>2003</DELETED> 
2004''.

SEC. 2. HARMLESS ERRORS IN REGISTRATION CERTIFICATES.

    (a) In General.--Section 411 of title 17, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) inserting after subsection (a) the following:
    ``(b)(1) A certificate of registration shall satisfy the 
requirements of this section and section 412 irrespective of any 
inaccurate information therein, unless--
            ``(A) the inaccurate information was included on the 
        application for copyright registration with knowledge that it 
        was inaccurate; and
            ``(B) the <DELETED>inaccurate</DELETED> inaccuracy of the 
        information, if known, would have caused the Register of 
        Copyrights to refuse registration.
    ``(2) In any case in which inaccuracies described under paragraph 
(1) are alleged, the court shall request the Register of Copyrights to 
advise the court whether the <DELETED>inaccurate</DELETED> inaccuracy 
of the information, if known, would have caused the Register of 
Copyrights to refuse registration.''.
    (b) Technical and Conforming Amendment.--Section 412 of title 17, 
United States Code, is amended by striking ``section 411(b)'' and 
inserting ``section 411(c)''.

SEC. 3. COMPUTATION OF STATUTORY DAMAGES.

    Section 504(c)(1) of title 17, United States Code, is amended in 
the second sentence by inserting before the period ``, except that the 
court in its discretion may determine that such parts are separate 
works if the court concludes that they are distinct works having 
independent economic value''.

<DELETED>SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYSICAL PRODUCT 
              CONFIGURATIONS.</DELETED>

<DELETED>    Section 115(c)(3)(B) of title 17, United States Code, is 
amended in the first sentence by striking ``under this paragraph'' and 
inserting ``under this section''.</DELETED>

SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYSICAL PRODUCT 
              CONFIGURATIONS.

    Section 115(c)(3)(B) of title 17, United States Code, is amended in 
the first sentence--
            (1) by striking ``under this paragraph'' and inserting 
        ``under this section''; and
            (2) by inserting ``on a nonexclusive basis'' after ``common 
        agents''.

SEC. 5. REPORT TO CONGRESS.

    The Attorney General shall include in the report of the Attorney 
General to Congress on the business of the Department of Justice, 
prepared under section 522 of title 28, United States Code, the number 
of misdemeanor prosecutions and the number of felony prosecutions under 
sections 1462, 1464, 1465, 1466, 1466A, 1470, 2252, 2252A, 2252B, 2260, 
2318, 2319, 2319A, and 2320 of title 18, United States Code, commenced 
and concluded during the last preceding fiscal year, including, in the 
case of those offenses where applicable, detailed information 
concerning--
            (1) the types of works involved;
            (2) the tangible media of expression and means of 
        reproduction and distribution involved; and
            (3) in the case of prosecutions concluded, the disposition 
        of such prosecutions, such as the number of convictions and 
        acquittals, and the sentences imposed.

SEC. 6. INVESTIGATION OF INTELLECTUAL PROPERTY CRIMES.

    (a) Required Staffing.--The Attorney General shall ensure that any 
unit in the Department of Justice responsible for investigating 
computer hacking or responsible for investigating intellectual property 
crimes is assigned at least 1 agent to support such unit for the 
purpose of investigating crimes relating to the theft of intellectual 
property and that each such agent has received training in the 
investigation and enforcement of intellectual property crimes.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $5,000,000 for each of fiscal 
years 2005, 2006, 2007, 2008, and 2009 to carry out the requirements of 
subsection (a).




                                                       Calendar No. 528

108th CONGRESS

  2d Session

                                S. 1933

_______________________________________________________________________

                                 A BILL

To promote effective enforcement of copyrights, and for other purposes.

_______________________________________________________________________

                              May 20, 2004

                        Reported with amendments