[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1036 Reported in House (RH)]






                                                  Union Calendar No. 31
109th CONGRESS
  1st Session
                                H. R. 1036

                          [Report No. 109-64]

 To amend title 17, United States Code, to make technical corrections 
                 relating to copyright royalty judges.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2005

    Mr. Smith of Texas (for himself and Mr. Berman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

                             April 28, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To amend title 17, United States Code, to make technical corrections 
                 relating to copyright royalty judges.

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

SECTION 1. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES CODE.

    Chapter 8 of title 17, United States Code, is amended as follows:
            (1) Section 801(b)(1) is amended, in the matter preceding 
        subparagraph (A), by striking ``119 and 1004'' and inserting 
        ``119, and 1004''.
            (2) Section 802(f)(1)(A) is amended--
                    (A) in clause (i), by striking ``clause (ii) of 
                this subparagraph and subparagraph (B)'' and inserting 
                ``subparagraph (B) and clause (ii) of this 
                subparagraph''; and
                    (B) in clause (ii)--
                            (i) in the first sentence--
                                    (I) by striking ``A Copyright Judge 
                                or Judges, or by motion to the 
                                Copyright Judge or Judges,'' and 
                                inserting ``One or more Copyright 
                                Royalty Judges or, by motion to one or 
                                more Copyright Royalty Judges,''; and
                                    (II) by striking ``(not including'' 
                                and inserting ``(other than'';
                            (ii) in the third sentence, by inserting a 
                        comma after ``substantive law''; and
                            (iii) in the fourth sentence, by striking 
                        ``Copyrigts'' and inserting ``Copyrights''.
            (3) Section 802(f)(1)(D) is amended by inserting a comma 
        after ``undertakes to consult with''.
            (4) Section 803(a)(1) is amended--
                    (A) by striking ``The Copyright'' and inserting 
                ``The Copyright Royalty Judges shall act in accordance 
                with this title, and to the extent not inconsistent 
                with this title, in accordance with subchapter II of 
                chapter 5 of title 5, in carrying out the purposes set 
                forth in section 801. The Copyright''; and
                    (B) by inserting after ``Congress, the Register of 
                Copyrights,'' the following: ``copyright arbitration 
                royalty panels (to the extent those determinations are 
                not inconsistent with a decision of the Librarian of 
                Congress or the Register of Copyrights),''.
            (5) Section 803(b) is amended--
                    (A) in paragraph (1)(A)(i)(V)--
                            (i) by striking ``in the case of'' and 
                        inserting ``the publication of notice 
                        requirement shall not apply in the case of''; 
                        and
                            (ii) by striking ``, such notice may not be 
                        published''; and
                    (B) in paragraph (6)(C)(i)--
                            (i) in the first sentence, by inserting 
                        ``and written rebuttal statements'' after 
                        ``written direct statements'';
                            (ii) in the first sentence, by striking 
                        ``which may'' and inserting ``which, in the 
                        case of written direct statements, may''; and
                            (iii) by striking ``clause (iii)'' and 
                        inserting ``clause (iv)''.
            (6) Section 803(c)(2)(B) is amended by striking 
        ``concerning rates and terms''.
            (7) Section 803(c)(7) is amended by striking ``of 
        Copyright'' and inserting ``of the Copyright''.
            (8) Section 803(d)(2)(C)(i)(I) is amended by striking 
        ``statements of account and any report of use'' and inserting 
        ``applicable statements of account and reports of use''.
            (9) Section 804(b)(1)(B) is amended--
                    (A) by striking ``801(b)(3)(B) or (C)'' and 
                inserting ``801(b)(2)(B) or (C)''; and
                    (B) in the last sentence, by striking ``change is'' 
                and inserting ``change in''.
            (10) Section 804(b)(3) is amended--
                    (A) in subparagraph (A), strike ``effective date'' 
                and insert ``date of enactment''; and
                    (B) in subparagraph (C)--
                            (i) in clause (ii), by striking ``that is 
                        filed'' and inserting ``is filed''; and
                            (ii) in clause (iii), by striking ``such 
                        subsections (b)'' and inserting ``subsections 
                        (b)''.

SEC. 2. ADDITIONAL TECHNICAL AMENDMENTS.

    (a) Distribution of Royalty Fees.--Section 111(d) of title 17, 
United States Code, is amended--
            (1) in the second sentence of paragraph (2), by striking 
        all that follows ``Librarian of Congress'' and inserting ``upon 
        authorization by the Copyright Royalty Judges.'';
            (2) in paragraph (4)--
                    (A) in subparagraph (B)--
                            (i) by striking the second sentence and 
                        inserting the following: ``If the Copyright 
                        Royalty Judges determine that no such 
                        controversy exists, the Copyright Royalty 
                        Judges shall authorize the Librarian of 
                        Congress to proceed to distribute such fees to 
                        the copyright owners entitled to receive them, 
                        or to their designated agents, subject to the 
                        deduction by the Librarian of reasonable 
                        administrative costs under this section.''; and
                            (ii) in the last sentence, by striking 
                        ``finds'' and inserting ``find''; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) During the pendency of any proceeding under 
                this subsection, the Copyright Royalty Judges shall 
                have the discretion to authorize the Librarian of 
                Congress to proceed to distribute any amounts that are 
                not in controversy.''.
    (b) Sound Recordings.--Section 114(f) of title 17, United States 
Code, is amended--
            (1) in paragraph (1)(A), in the first sentence, by striking 
        ``except where'' and all that follows through the end period 
        and inserting ``, except in the case of a different 
        transitional period provided under section 6(b)(3) of the 
        Copyright Royalty and Distribution Reform Act of 2004, or such 
        other period as the parties may agree.''; and
            (2) in paragraph (2)(A), by striking ``except where a 
        different transitional period is provided'' and inserting 
        ``except in the case of a different transitional period 
        provided''.
    (c) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3) 
of title 17, United States Code, is amended--
            (1) in subparagraph (B), by striking ``subparagraphs (B) 
        through (F)'' and inserting ``this subparagraph and 
        subparagraphs (C) through (E)''; and
            (2) in subparagraph (E), in clauses (i) and (ii)(I), by 
        striking ``(C) or (D)'' each place it appears and inserting 
        ``(C) and (D)''.
    (d) Noncommercial Broadcasting.--Section 118 of title 17, United 
States Code, is amended--
            (1) in subsection (b)(3), by striking ``copyright owners in 
        works'' and inserting ``owners of copyright in works''; and
            (2) in subsection (c), by striking ``Copyright Royalty 
        Judges'' and all that follows through ``Librarian of Congress'' 
        and inserting ``Copyright Royalty Judges under subsection 
        (b)(4)''.
    (e) Satellite Carriers.--Section 119(b)(4) of title 17, United 
States Code, is amended--
            (1) in subparagraph (B), by striking the second sentence 
        and inserting the following: ``If the Copyright Royalty Judges 
        determine that no such controversy exists, the Copyright 
        Royalty Judges shall authorize the Librarian of Congress to 
        proceed to distribute such fees to the copyright owners 
        entitled to receive them, or to their designated agents, 
        subject to the deduction by the Librarian of reasonable 
        administrative costs under this section.''; and
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) Withholding of fees during controversy.--
                During the pendency of any proceeding under this 
                subsection, the Copyright Royalty Judges shall have the 
                discretion to authorize the Librarian of Congress to 
                proceed to distribute any amounts that are not in 
                controversy.''.
    (f) Digital Audio Recording Devices.--Section 1007 of title 17, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) in the second sentence, by striking ``Librarian 
                of Congress'' and inserting ``Copyright Royalty 
                Judges''; and
                    (B) in the last sentence, by striking ``by the 
                Librarian''; and
            (2) in subsection (c), in the last sentence, by striking 
        ``by the Librarian''.
    (g) Effective Date.--Section 6(b)(1) of the Copyright Royalty and 
Distribution Reform Act of 2004 (Public Law 108-419) is amended by 
striking ``commenced before the date of enactment of this Act'' and 
inserting ``commenced before the effective date provided in subsection 
(a)''.




                                                  Union Calendar No. 31

109th CONGRESS

  1st Session

                               H. R. 1036

                          [Report No. 109-64]

_______________________________________________________________________

                                 A BILL

 To amend title 17, United States Code, to make technical corrections 
                 relating to copyright royalty judges.

_______________________________________________________________________

                             April 28, 2005

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed