[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3689 Considered and Passed Senate (CPS)]

111th CONGRESS
  2d Session
                                S. 3689

   To clarify, improve, and correct the laws relating to copyrights.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2010

Mr. Leahy (for himself and Mr. Sessions) introduced the following bill; 
         which was considered, read the third time, and passed

_______________________________________________________________________

                                 A BILL


 
   To clarify, improve, and correct the laws relating to copyrights.

    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 ``Copyright Cleanup, Clarification, 
and Corrections Act of 2010''.

SEC. 2. COPYRIGHT OFFICE PROCEDURES.

    Title 17, United States Code, is amended--
            (1) in section 512(c)(2), in the matter following 
        subparagraph (B), by striking ``, in both electronic and hard 
        copy formats''; and
            (2) in section 205(a), by adding at the end the following: 
        ``A sworn or official certification may be submitted to the 
        Copyright Office electronically, pursuant to regulations 
        established by the Register of Copyrights.''.

SEC. 3. REPEAL OF EXPIRED PROVISIONS.

    (a) Technical Amendments Related to Chapter 6.--
            (1) The heading for chapter 6 of title 17, United States 
        Code, is amended to read as follows:

              ``Chapter 6--Importation and Exportation.''.

            (2) The item relating to chapter 6 in the table of chapters 
        for title 17, United States Code, is amended to read as 
        follows:

``6. Importation and Exportation............................    601.''.
    (b) Repeal.--Section 601 of title 17, United States Code, is hereby 
repealed and reserved.
    (c) Conforming Amendments.--
            (1) Section 409 of title 17, United States Code, is 
        amended--
                    (A) in paragraph (9), by insert ``and'' after the 
                semicolon;
                    (B) by striking paragraph (10); and
                    (C) by redesignating paragraph (11) as paragraph 
                (10).
            (2) The first sentence of section 602(b) of title 17, 
        United States Code, is amended by striking ``unless the 
        provisions of section 601 are applicable''

SEC. 4. CLARIFICATIONS.

    (a) Transfer of Ownership.--The second sentence of section 
201(d)(2), of title 17, United States Code, is amended by adding before 
the period the following: ``, including the right to transfer or 
license the exclusive right to another person in the absence of a 
written agreement to the contrary''.
    (b) Certain Distributions of Phonorecords.--Section 303(b) of title 
17, United States Code, is amended by striking ``the musical work'' and 
inserting ``any musical work, dramatic work, or literary work''.
    (c) Proceedings of Copyright Royalty Judges.--Section 803(b)(6)(A) 
of title 17, United States Code, is amended by striking the second 
sentence and inserting: ``All regulations issued by the Copyright 
Royalty Judges are subject to the approval of the Librarian of Congress 
and are subject to judicial review pursuant to Chapter 7 of title 5, 
United States Code, except as set forth in subsection (d).''
    (d) Licenses for Certain Nonexempt Transmissions.--Section 
114(f)(2)(C) of title 17, United States Code, is amended by striking 
``preexisting subscription digital audio transmission services or 
preexisting satellite digital radio audio services'' and inserting 
``eligible nonsubscription services and new subscription services''.

SEC. 5. TECHNICAL CORRECTIONS.

    (a) Title 17, United States Code, is amended--
            (1) in section 101--
                    (A) by moving the definition of ``Copyright Royalty 
                Judges'' to follow the definition of ``Copyright 
                owner'';
                    (B) by moving the definition of ``motion picture 
                exhibition facility'' to follow the definition of 
                ``Literary works''; and
                    (C) by moving the definition of ``food service or 
                drinking establishment'' to follow the definition of 
                ``fixed'';
            (2) in section 114(f)(2)(B), in the fourth sentence in the 
        matter preceding clause (i), by striking ``Judges shall base 
        its decision'' and inserting ``Judges shall base their 
        decision'';
            (3) in section 119(g)(4)(B)(vi), by striking ``the 
        examinations'' and inserting ``an examination'';
            (4) in section 503(a)(1)(B), by striking ``copies of 
        phonorecords'' and inserting ``copies or phonorecords''; and
            (5) in section 704(e), in the second sentence, by striking 
        ``section 708(a)(10)'' and inserting ``section 708(a)''.
    (b) Section 209(a)(3)(A) of Public Law 110-403, is amended by 
striking ``by striking `and 509''' and inserting ``by striking `and 
section 509'''.
    (c) Section 4(a)(1) of Public Law 111-146 is amended by striking 
``by corporations attempting'' and inserting ``the purpose of which 
is''.
    (d) Section 2318(e)(6) of title 18, United States Code, is amended 
by striking ``under section'' and inserting ``under this section''.

SEC. 6. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage .
                                 <all>