One Hundred Eleventh Congress of the United States of America 2d SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten S. 3689 IN THE SENATE OF THE UNITED STATES AN ACT To clarify, improve, and correct the laws relating to copyrights, and for other purposes.

1.

Short title

This Act may be cited as the Copyright Cleanup, Clarification, and Corrections Act of 2010.

2.

Reference

Except as otherwise specifically provided, whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of title 17, United States Code.

3.

Copyright office procedures

(a)

Directory of agents of service providers

Section 512(c)(2) is amended, in the matter following subparagraph (B), by striking , in both electronic and hard copy formats. (b)

Recordation of documents

Section 205(a) is amended 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..

4.

Repeal of expired provisions

(a)

Repeal

Section 601, and the item relating to such section in the table of sections for chapter 6, are repealed. (b)

Conforming amendments

(1)

Clerical amendment

(A)The heading for chapter 6 is amended to read as follows: 6

Importation and Exportation

. (B)The item relating to chapter 6 in the table of chapters is amended to read as follows: 6. Importation and Exportation 601 . (2)

Application for copyright registration

Section 409 is amended— (A)in paragraph (9), by adding and after the semicolon; (B)by striking paragraph (10); and (C)by redesignating paragraph (11) as paragraph (10). (c)

Infringing importation or exportation

The second sentence of section 602(b) is amended by striking unless the provisions of section 601 are applicable.

5.

Clarifications

(a)

Certain distributions of phonorecords

Section 303(b) is amended by striking the musical work and inserting any musical work, dramatic work, or literary work. (b)

Proceedings of copyright royalty judges

Section 803(b)(6)(A) is amended by striking the second sentence and inserting the following: 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, except as set forth in subsection (d).. (c)

Licenses for certain nonexempt transmissions

Section 114(f)(2)(C) 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.

6.

Technical corrections

(a)

Definitions

Section 101 is amended— (1)by moving the definition of Copyright Royalty Judges to follow the definition of Copyright owner; (2)by moving the definition of motion picture exhibition facility to follow the definition of Literary works; and (3)by moving the definition of food service or drinking establishment to follow the definition of fixed; (b)

Licenses for webcasting

Section 114(f)(2)(B) is amended in the fourth sentence, in the matter preceding clause (i), by striking Judges shall base its decision and inserting Judges shall base their decision. (c)

Satellite carriers

Section 119(g)(4)(B)(vi) is amended by striking “the examinations” and inserting “an examination”. (d)

Remedies for infringement

Section 503(a)(1)(B) is amended by striking copies of phonorecords and inserting copies or phonorecords. (e)

Retention of copies in copyright office

Section 704(e) is amended, in the second sentence, by striking section 708(a)(10) and inserting section 708(a). (f)

Correction of internal references

(1)Section 114(b) is amended by striking 118(g) and inserting 118(f). (2)Section 504(c)(2) is amended by striking subsection (g) of section 118 and inserting section 118(f). (3)Sections 1203(c)(5)(B)(i) and 1204(b) are each amended by striking 118(g) and inserting 118(f). (g)

PRO-IP Act

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. (h)

Trademark technical amendments act

Section 4(a)(1) of Public Law 111–146 is amended by striking by corporations attempting and inserting the purpose of which is. (i)

Trafficking

Section 2318(e)(6) of title 18, United States Code, is amended by striking under section and inserting under this subsection.

Speaker of the House of Representatives Vice President of the United States and President of the Senate