II 109th CONGRESS 1st Session S. 1785 IN THE SENATE OF THE UNITED STATES September 28, 2005 Mr. Cornyn (for himself, Mr. Leahy, Mr. Hatch, and Mr. Kohl) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend chapter 13 of title 17, United States Code (relating to the vessel hull design protection), to clarify the distinction between a hull and a deck, to provide factors for the determination of the protectability of a revised design, to provide guidance for assessments of substantial similarity, and for other purposes.

1.

Short title

This Act may be cited as the Vessel Hull Design Protection Amendments of 2005.

2.

Designs protected

Section 1301(a) of title 17, United States Code, is amended by striking paragraph (2) and inserting the following: (2)

Vessel features

The design of a vessel hull or deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4). .

3.

Definitions

Section 1301(b) of title 17, United States Code, is amended— (1)in paragraph (2), by striking vessel hull, including a plug or mold, and inserting vessel hull or deck, including a plug or mold,; (2)by striking paragraph (4) and inserting the following: (4)A hull is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments. ; and (3)by adding at the end the following: (7)A deck is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments. .