[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3689 Referred in House (RFH)]
111th CONGRESS
2d Session
S. 3689
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 9, 2010
Referred to the Committee on the Judiciary and in addition to the
Committee on the Budget, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
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repealed and reserved.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.
Passed the Senate August 2, 2010.
Attest:
NANCY ERICKSON,
Secretary.