1.This Act may be cited as the
Copyright Cleanup, Clarification, and
Corrections Act of 2010
.
2.Copyright office proceduresTitle 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.
.
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)Section 601 of title 17, United States
Code, is hereby repealed and reserved.
(c)
(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
.
4.
(a)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
phonorecordsSection 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
judgesSection 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
transmissionsSection
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
.
5.
(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
.
6.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.
Nancy Erickson,
Secretary