[Congressional Record Volume 143, Number 35 (Tuesday, March 18, 1997)]
[House]
[Pages H1053-H1056]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 TECHNICAL AMENDMENTS TO COPYRIGHT LAWS

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 672) to make technical amendments to certain provisions of title 
17, United States Code, as amended.
  The Clerk read as follows:

                                H.R. 672

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TECHNICAL CORRECTIONS TO THE SATELLITE HOME VIEWER 
                   ACT OF 1994.

       The Satellite Home Viewer Act of 1994 (Public Law 103-369) 
     is amended as follows:
       (1) Section 2(3)(A) is amended to read as follows:

[[Page H1054]]

       ``(A) in clause (i) by striking `12 cents' and inserting 
     `17.5 cents per subscriber in the case of superstations that 
     as retransmitted by the satellite carrier include any program 
     which, if delivered by any cable system in the United States, 
     would be subject to the syndicated exclusivity rules of the 
     Federal Communications Commission, and 14 cents per 
     subscriber in the case of superstations that are syndex-proof 
     as defined in section 258.2 of title 37, Code of Federal 
     Regulations'; and ''.
       (2) Section 2(4) is amended to read as follows:
       ``(4) Subsection (c) is amended--
       ``(A) in paragraph (1)--
       ``(i) by striking `until December 31, 1992,';
       ``(ii) by striking `(2), (3) or (4)' and inserting `(2) or 
     (3)'; and
       ``(iii) by striking the second sentence;
       ``(B) in paragraph (2)--
       ``(i) in subparagraph (A) by striking `July 1, 1991' and 
     inserting `July 1, 1996'; and
       ``(ii) in subparagraph (D) by striking `December 31, 1994' 
     and inserting `December 31, 1999, or in accordance with the 
     terms of the agreement, whichever is later'; and
       ``(C) in paragraph (3)--
       ``(i) in subparagraph (A) by striking `December 31, 1991' 
     and inserting `January 1, 1997';
       ``(ii) by amending subparagraph (B) to read as follows:
       `` `(B) Establishment of royalty fees.--In determining 
     royalty fees under this paragraph, the copyright arbitration 
     royalty panel appointed under chapter 8 shall establish fees 
     for the retransmission of network stations and superstations 
     that most clearly represent the fair market value of 
     secondary transmissions. In determining the fair market 
     value, the panel shall base its decision on economic, 
     competitive, and programming information presented by the 
     parties, including--
       `` `(i) the competitive environment in which such 
     programming is distributed, the cost of similar signals in 
     similar private and compulsory license marketplaces, and any 
     special features and conditions of the retransmission 
     marketplace;
       `` `(ii) the economic impact of such fees on copyright 
     owners and satellite carriers; and
       `` `(iii) the impact on the continued availability of 
     secondary transmissions to the public.'; and
       ``(iii) in subparagraph (C), by inserting `or July 1, 1997, 
     whichever is later' after `section 802(g)'.''.
       (3) Section 2(5)(A) is amended to read as follows:
       ``(A) in paragraph (5)(C) by striking `the date of the 
     enactment of the Satellite Home Viewer Act of 1988' and 
     inserting `November 16, 1988'; and''.

     SEC. 2. COPYRIGHT IN RESTORED WORKS.

       Section 104A of title 17, United States Code, is amended as 
     follows:
       (1) Subsection (d)(3)(A) is amended to read as follows:
       ``(3) Existing derivative works.--(A) In the case of a 
     derivative work that is based upon a restored work and is 
     created--
       ``(i) before the date of the enactment of the Uruguay Round 
     Agreements Act, if the source country of the restored work is 
     an eligible country on such date, or
       ``(ii) before the date on which the source country of the 
     restored work becomes an eligible country, if that country is 
     not an eligible country on such date of enactment,

     a reliance party may continue to exploit that derivative work 
     for the duration of the restored copyright if the reliance 
     party pays to the owner of the restored copyright reasonable 
     compensation for conduct which would be subject to a remedy 
     for infringement but for the provisions of this paragraph.''.
       (2) Subsection (e)(1)(B)(ii) is amended by striking the 
     last sentence.
       (3) Subsection (h)(2) is amended to read as follows:
       ``(2) The `date of restoration' of a restored copyright 
     is--
       ``(A) January 1, 1996, if the source country of the 
     restored work is a nation adhering to the Berne Convention or 
     a WTO member country on such date, or
       ``(B) the date of adherence or proclamation, in the case of 
     any other source country of the restored work.''.
       (4) Subsection (h)(3) is amended to read as follows:
       ``(3) The term `eligible country' means a nation, other 
     than the United States, that--
       ``(A) becomes a WTO member country after the date of the 
     enactment of the Uruguay Round Agreements Act;
       ``(B) on such date of enactment is, or after such date of 
     enactment becomes, a member of the Berne Convention; or
       ``(C) after such date of enactment becomes subject to a 
     proclamation under subsection (g).

     For purposes of this section, a nation that is a member of 
     the Berne Convention on the date of the enactment of the 
     Uruguay Round Agreements Act shall be construed to become an 
     eligible country on such date of enactment.''.

     SEC. 3. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANSMISSIONS.

       Section 114(f) of title 17, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``, or, if a copyright 
     arbitration royalty panel is convened, ending 30 days after 
     the Librarian issues and publishes in the Federal Register an 
     order adopting the determination of the copyright arbitration 
     royalty panel or an order setting the terms and rates (if the 
     Librarian rejects the panel's determination)'' after 
     ``December 31, 2000''; and
       (2) in paragraph (2), by striking ``and publish in the 
     Federal Register''.

     SEC. 4. ROYALTY PAYABLE UNDER COMPULSORY LICENSE.

       Section 115(c)(3)(D) of title 17, United States Code, is 
     amended by striking ``and publish in the Federal Register''.

     SEC. 5. NEGOTIATED LICENSE FOR JUKEBOXES.

       Section 116 of title 17, United States Code, is amended--
       (1) by amending subsection (b)(2) to read as follows:
       ``(2) Arbitration.--Parties not subject to such a 
     negotiation may determine, by arbitration in accordance with 
     the provisions of chapter 8, the terms and rates and the 
     division of fees described in paragraph (1).''; and
       (2) by adding at the end the following new subsection:
       ``(d) Definitions.--As used in this section, the following 
     terms mean the following:
       ``(1) A `coin-operated phonorecord player' is a machine or 
     device that--
       ``(A) is employed solely for the performance of nondramatic 
     musical works by means of phonorecords upon being activated 
     by the insertion of coins, currency, tokens, or other 
     monetary units or their equivalent;
       ``(B) is located in an establishment making no direct or 
     indirect charge for admission;
       ``(C) is accompanied by a list which is comprised of the 
     titles of all the musical works available for performance on 
     it, and is affixed to the phonorecord player or posted in the 
     establishment in a prominent position where it can be readily 
     examined by the public; and
       ``(D) affords a choice of works available for performance 
     and permits the choice to be made by the patrons of the 
     establishment in which it is located.
       ``(2) An `operator' is any person who, alone or jointly 
     with others--
       ``(A) owns a coin-operated phonorecord player;
       ``(B) has the power to make a coin-operated phonorecord 
     player available for placement in an establishment for 
     purposes of public performance; or
       ``(C) has the power to exercise primary control over the 
     selection of the musical works made available for public 
     performance on a coin-operated phonorecord player.''.

     SEC. 6. REGISTRATION AND INFRINGEMENT ACTIONS.

       Section 411(b)(1) of title 17, United States Code, is 
     amended to read as follows:
       ``(1) serves notice upon the infringer, not less than 48 
     hours before such fixation, identifying the work and the 
     specific time and source of its first transmission, and 
     declaring an intention to secure copyright in the work; 
     and''.

     SEC. 7. COPYRIGHT OFFICE FEES.

       (a) Fee Increases.--Section 708(b) of title 17, United 
     States Code, is amended to read as follows:
       ``(b) In calendar year 1997 and in any subsequent calendar 
     year, the Register of Copyrights, by regulation, may increase 
     the fees specified in subsection (a) in the following manner:
       ``(1) The Register shall conduct a study of the costs 
     incurred by the Copyright Office for the registration of 
     claims, the recordation of documents, and the provision of 
     services. The study shall also consider the timing of any 
     increase in fees and the authority to use such fees 
     consistent with the budget.
       ``(2) The Register may, on the basis of the study under 
     paragraph (1), and subject to paragraph (5), increase fees to 
     not more than that necessary to cover the reasonable costs 
     incurred by the Copyright Office for the services described 
     in paragraph (1), plus a reasonable inflation adjustment to 
     account for any estimated increase in costs.
       ``(3) Any fee established under paragraph (2) shall be 
     rounded off to the nearest dollar, or for a fee less than 
     $12, rounded off to the nearest 50 cents.
       ``(4) Fees established under this subsection shall be fair 
     and equitable and give due consideration to the objectives of 
     the copyright system.
       ``(5) If the Register determines under paragraph (2) that 
     fees should be increased, the Register shall prepare a 
     proposed fee schedule and submit the schedule with the 
     accompanying economic analysis to the Congress. The fees 
     proposed by the Register may be instituted after the end of 
     120 days after the schedule is submitted to the Congress 
     unless, within that 120-day period, a law is enacted stating 
     in substance that the Congress does not approve the 
     schedule.''.
       (b) Deposit of Fees.--Section 708(d) of such title is 
     amended to read as follows:
       ``(d)(1) Except as provided in paragraph (2), all fees 
     received under this section shall be deposited by the 
     Register of Copyrights in the Treasury of the United States 
     and shall be credited to the appropriations for necessary 
     expenses of the Copyright Office. Such fees that are 
     collected shall remain available until expended. The Register 
     may, in accordance with regulations that he or she shall 
     prescribe, refund any sum paid by mistake or in excess of the 
     fee required by this section.
       ``(2) In the case of fees deposited against future 
     services, the Register of Copyrights shall request the 
     Secretary of the Treasury to invest in interest-bearing 
     securities in the United States Treasury any portion of the 
     fees that, as determined by the Register, is not required to 
     meet current deposit account demands. Funds from such portion 
     of fees shall be invested in securities that permit

[[Page H1055]]

     funds to be available to the Copyright Office at all times if 
     they are determined to be necessary to meet current deposit 
     account demands. Such investments shall be in public debt 
     securities with maturities suitable to the needs of the 
     Copyright Office, as determined by the Register of 
     Copyrights, and bearing interest at rates determined by the 
     Secretary of the Treasury, taking into consideration current 
     market yields on outstanding marketable obligations of the 
     United States of comparable maturities.
       ``(3) The income on such investments shall be deposited in 
     the Treasury of the United States and shall be credited to 
     the appropriations for necessary expenses of the Copyright 
     Office.''.

     SEC. 8. COPYRIGHT ARBITRATION ROYALTY PANELS.

       (a) Establishment and Purpose.--Section 801 of title 17, 
     United States Code, is amended--
       (1) in subsection (b)(1) by striking ``and 116'' in the 
     first sentence and inserting ``116, and 119'';
       (2) in subsection (c) by inserting after ``panel'' at the 
     end of the sentence the following:

     ``, including--
       ``(1) authorizing the distribution of those royalty fees 
     collected under sections 111, 119, and 1005 that the 
     Librarian has found are not subject to controversy; and
       ``(2) accepting or rejecting royalty claims filed under 
     sections 111, 119, and 1007 on the basis of timeliness or the 
     failure to establish the basis for a claim''; and
       (3) by amending subsection (d) to read as follows:
       ``(d) Support and Reimbursement of Arbitration Panels.--The 
     Librarian of Congress, upon the recommendation of the 
     Register of Copyrights, shall provide the copyright 
     arbitration royalty panels with the necessary administrative 
     services related to proceedings under this chapter, and shall 
     reimburse the arbitrators presiding in distribution 
     proceedings at such intervals and in such manner as the 
     Librarian shall provide by regulation. Each such arbitrator 
     is an independent contractor acting on behalf of the United 
     States, and shall be hired pursuant to a signed agreement 
     between the Library of Congress and the arbitrator. Payments 
     to the arbitrators shall be considered reasonable costs 
     incurred by the Library of Congress and the Copyright Office 
     for purposes of section 802(h)(1).''.
       (b) Proceedings.--Section 802(h) of title 17, United States 
     Code, is amended by amending paragraph (1) to read as 
     follows:
       ``(1) Deduction of costs of library of congress and 
     copyright office from royalty fees.--The Librarian of 
     Congress and the Register of Copyrights may, to the extent 
     not otherwise provided under this title, deduct from royalty 
     fees deposited or collected under this title the reasonable 
     costs incurred by the Library of Congress and the Copyright 
     Office under this chapter. Such deduction may be made before 
     the fees are distributed to any copyright claimants. In 
     addition, all funds made available by an appropriations Act 
     as offsetting collections and available for deductions under 
     this subsection shall remain available until expended. In 
     ratemaking proceedings, the reasonable costs of the Librarian 
     of Congress and the Copyright Office shall be borne by the 
     parties to the proceedings as directed by the arbitration 
     panels under subsection (c).''.

     SEC. 9. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.

       Section 1007(b) of title 17, United States Code, is amended 
     by striking ``Within 30 days after'' in the first sentence 
     and inserting ``After''.

     SEC. 10. CONFORMING AMENDMENT.

       Section 4 of the Digital Performance Right in Sound 
     Recordings Act of 1995 (Public Law 104-39) is amended by 
     redesignating paragraph (5) as paragraph (4).

     SEC. 11. MISCELLANEOUS TECHNICAL AMENDMENTS.

       (a) Amendments to Title 17, United States Code.--Title 17, 
     United States Code, is amended as follows:
       (1) The table of chapters at the beginning of title 17, 
     United States Code, is amended--
       (A) in the item relating to chapter 6, by striking 
     ``Requirement'' and inserting ``Requirements'';
       (B) in the item relating to chapter 8, by striking 
     ``Royalty Tribunal'' and inserting ``Arbitration Royalty 
     Panels'';
       (C) in the item relating to chapter 9, by striking 
     ``semiconductor chip products'' and inserting ``Semiconductor 
     Chip Products''; and
       (D) by inserting after the item relating to chapter 9 the 
     following:

``10. Digital Audio Recording Devices and Media.............1001''.....

       (2) The item relating to section 117 in the table of 
     sections at the beginning of chapter 1 is amended to read as 
     follows:

``117. Limitations on exclusive rights: Computer programs.''.

       (3) Section 101 is amended in the definition of to perform 
     or display a work ``publicly'' by striking ``processs'' and 
     inserting ``process''.
       (4) Section 108(e) is amended by striking ``pair'' and 
     inserting ``fair''.
       (5) Section 109(b)(2)(B) is amended by striking 
     ``Copyright'' and inserting ``Copyrights''.
       (6) Section 110 is amended--
       (A) in paragraph (8) by striking the period at the end and 
     inserting a semicolon;
       (B) in paragraph (9) by striking the period at the end and 
     inserting ``; and''; and
       (C) in paragraph (10) by striking ``4 above'' and inserting 
     ``(4)''.
       (7) Section 115(c)(3)(E) is amended--
       (A) in clause (i) by striking ``sections 106(1) and (3)'' 
     each place it appears and inserting ``paragraphs (1) and (3) 
     of section 106''; and
       (B) in clause (ii)(II) by striking ``sections 106(1) and 
     106(3)'' and inserting ``paragraphs (1) and (3) of section 
     106''.
       (8) Section 119(c)(1) is amended by striking ``until 
     unless'' and inserting ``unless''.
       (9) Section 304(c) is amended in the matter preceding 
     paragraph (1) by striking ``the subsection (a)(1)(C)'' and 
     inserting ``subsection (a)(1)(C)''.
       (10) Section 405(b) is amended by striking ``condition or'' 
     and inserting ``condition for''.
       (11) Section 407(d)(2) is amended by striking ``cost of'' 
     and inserting ``cost to''.
       (12) The item relating to section 504 in the table of 
     sections at the beginning of chapter 5 is amended by striking 
     ``Damage'' and inserting ``Damages''.
       (13) Section 504(c)(2) is amended by striking ``court it'' 
     and inserting ``court in''.
       (14) Section 509(b) is amended by striking ``merchandise; 
     and baggage'' and inserting ``merchandise, and baggage''.
       (15) Section 601(a) is amended by striking ``nondramtic'' 
     and inserting ``nondramatic''.
       (16) Section 601(b)(1) is amended by striking 
     ``subsustantial'' and inserting ``substantial''.
       (17) The item relating to section 710 in the table of 
     sections at the beginning of chapter 7 is amended by striking 
     ``Reproductions'' and inserting ``Reproduction''.
       (18) The item relating to section 801 in the table of 
     sections at the beginning of chapter 8 is amended by striking 
     ``establishment'' and inserting ``Establishment''.
       (19) Section 801(b) is amended--
       (A) by striking ``shall be--'' and inserting ``shall be as 
     follows:'';
       (B) in paragraph (1) by striking ``to make'' and inserting 
     ``To make'';
       (C) in paragraph (2)--
       (i) by striking ``to make'' and inserting ``To make''; and
       (ii) in subparagraph (D) by striking ``adjustment; and'' 
     and inserting ``adjustment.''; and
       (D) in paragraph (3) by striking ``to distribute'' and 
     inserting ``To distribute''.
       (20) Section 803(b) is amended in the second sentence by 
     striking ``subsection subsection'' and inserting 
     ``subsection''.
       (21) The item relating to section 903 in the table of 
     sections at the beginning of chapter 9 is amended to read as 
     follows:

``903. Ownership, transfer, licensure, and recordation.''.

       (22) Section 909(b)(1) is amended--
       (A) by striking ``force'' and inserting ``work''; and
       (B) by striking ``sumbol'' and inserting ``symbol''.
       (23) Section 910(a) is amended in the second sentence by 
     striking ``as used'' and inserting ``As used''.
       (24) Section 1006(b)(1) is amended by striking ``Federation 
     Television'' and inserting ``Federation of Television''.
       (25) Section 1007 is amended--
       (A) in subsection (a)(1) by striking ``the calendar year in 
     which this chapter takes effect'' and inserting ``calendar 
     year 1992''; and
       (B) in subsection (b) by striking ``the year in which this 
     section takes effect'' and inserting ``1992''.
       (b) Related Provisions.--
       (1) Section 1(a)(1) of the Act entitled ``An Act to amend 
     chapter 9 of title 17, United States Code, regarding 
     protection extended to semiconductor chip products of foreign 
     entities'', approved November 9, 1987 (17 U.S.C. 914 note), 
     is amended by striking ``orginating'' and inserting 
     ``originating''.
       (2) Section 2319(b)(1) of title 18, United States Code, is 
     amended by striking ``last 10'' and inserting ``least 10''.

     SEC. 12. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsections (b) and 
     (c), the amendments made by this Act shall take effect on the 
     date of the enactment of this Act.
       (b) Satellite Home Viewer Act.--The amendments made by 
     section 1 shall be effective as if enacted as part of the 
     Satellite Home Viewer Act of 1994 (Public Law 103-369).
       (c) Technical Amendment.--The amendment made by section 
     11(b)(1) shall be effective as if enacted on November 9, 
     1987.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina [Mr. Coble] and the gentleman from Florida [Mr. Wexler] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. Coble].


                             General Leave

  Mr. COBLE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. COBLE asked and was given permission to revise and extend his 
remarks.)
  Mr. COBLE. Mr. Speaker, I rise in support of H.R. 672, to make 
technical amendments to certain provisions of title 17 of the United 
States Code. An amended version of this bill is presented for passage 
under suspension of the rules.

[[Page H1056]]

  The amendment to the reported bill corrects an error contained in the 
bill as introduced, which inadvertently strikes a provision of present 
law which should remain for purposes of maintaining consistency between 
certain sections in title 17. It reaffirms the current practice of the 
Copyright Office to allow participants in a ratemaking proceeding to 
share the cost of that proceeding in direct proportion to their share 
of the distribution.
  Mr. Speaker, I am unaware of any opposition to this amendment.
  All the provisions contained in this bill are necessary for the 
proper functioning of the U.S. Copyright Office and the copyright 
system, and I am unaware of any opposition to this legislation. I urge 
a favorable vote on H.R. 672.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WEXLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 672, a bill to make a number 
of technical corrections to title 17 of the United States Code, 
including corrections to drafting errors in the Satellite Home Viewer 
Act, section 104(a), dealing with restoration of copyright protection 
in certain preexisting works; licenses for nonexempt subscription 
transmissions; negotiated licenses for jukeboxes; notice time for 
infringement actions, copyright office fee schedules, court 
proceedings, and reports pursuant to the Audio Home Recording Act of 
1992.
  Mr. Speaker, I am aware of no objections to any of these amendments 
to law and recommend their adoption under suspension of the rules.
  Mr. Speaker, I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I submit for the Record a letter from the 
Copyright Office of the United States regarding H.R. 672.

                                        The Register of Copyrights


                              of the United States of America,

                                   Washington, DC, March 18, 1997.
     Hon. Howard Coble,
     Chairman, Subcommittee on Courts and Intellectual Property, 
         Washington, DC.
       Dear Mr. Coble: We note that language in House Report 105-
     25 accompanying H.R. 672 regarding the Copyright Office not 
     needing appropriations beginning in 1999 is not entirely 
     correct. In contributing to those portions of the Report 
     entitled ``Summary'' and ``Estimated Cost to the Federal 
     Government,'' it appears that the Congressional Budget Office 
     did not realize that some Copyright Office operations--for 
     example, administration of the mandatory deposit requirements 
     of 17 U.S.C. Sec. 407--are not fee services, and would not be 
     covered by a fee increase, even to full cost recovery as 
     permitted (but not required) by Section 7 of H.R. 672.
       We would appreciate your confirming on the floor of the 
     House that it is not the intent of Congress that the 
     Copyright Office become self-sustaining under H.R. 672, or 
     that it raise fees to cover the full cost of all services 
     that it provides. As the section-by-section analysis states 
     correctly, the bill grants the Copyright Office, subject to 
     contrary Congressional action, authority to ``increase fees 
     up to the reasonable costs incurred by the Copyright Office'' 
     plus a reasonable adjustment for future cost increases, 
     provided those fees are ``fair and equitable and give due 
     consideration to the objectives of the copyright system.'' 
     This allows the Register of Copyrights to ``decide that fees 
     may be less than the costs of the services provided, if that 
     furthers the objectives of the copyright system.''
       Thank you for your consideration.
           Very truly yours,
                                                  Marybeth Peters.
  Mr. COBLE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina [Mr. Coble] that the House suspend the 
rules and pass the bill, H.R. 672, as amended.
  The question was taken.
  Mr. COBLE. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________