[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Senate]
[Page S8192]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         TECHNICAL CORRECTIONS IN TITLE 17, UNITED STATES CODE

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 196, (S. 1260).
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 1260) to make technical corrections in title 17, 
     United States Code, and other laws.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. GORTON. I ask unanimous consent that the bill be considered read 
a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill be printed in the 
Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1260) was considered read the third time and passed, as 
follows:

                                S. 1260

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

     SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES 
                   CODE.

       (a) Exemption of Certain Performances and Displays on 
     Exclusive Rights.--Section 110(5) of title 17, United States 
     Code, is amended--
       (1) by striking ``(A) a direct charge'' and inserting ``(i) 
     a direct charge''; and
       (2) by striking ``(B) the transmission'' and inserting 
     ``(ii) the transmission''.
       (b) Ephemeral Recordings.--Section 112(e) of title 17, 
     United States Code, is amended--
       (1) by redesignating paragraphs (3) through (10) as 
     paragraphs (2) through (9), respectively;
       (2) in paragraph (3), as so redesignated, by striking 
     ``(2)'' and inserting ``(1)'';
       (3) in paragraph (4), as so redesignated--
       (A) by striking ``(3)'' and inserting ``(2)'';
       (B) by striking ``(4)'' and inserting ``(3)'';
       (C) by striking ``(6)'' and inserting ``(5)''; and
       (D) by striking ``(3) and (4)'' and inserting ``(2) and 
     (3)''; and
       (4) in paragraph (6), as so redesignated--
       (A) by striking ``(4)'' each place it appears and inserting 
     ``(3)''; and
       (B) by striking ``(5)'' each place it appears and inserting 
     ``(4)''.
       (c) Determination of Reasonable License Fees for Individual 
     Proprietors.--Chapter 5 of title 17, United States Code, is 
     amended--
       (1) by redesignating the section 512 entitled 
     ``Determination of reasonable license fees for individual 
     proprietors'' as section 513 and placing such section after 
     the section 512 entitled ``Limitations on liability relating 
     to material online''; and
       (2) in the table of sections at the beginning of that 
     chapter by striking

``512. Determination of reasonable license fees for individual 
              proprietors.''

     and inserting

``513. Determination of reasonable license fees for individual 
              proprietors.''

     and placing that item after the item entitled

``512. Limitations on liability relating to material online.''.

       (d) Online Copyright Infringement Liability.--Section 512 
     of title 17, United States Code, is amended--
       (1) in subsection (e)--
       (A) by amending the caption to read as follows:
       ``(e) Limitation on Liability of Nonprofit Educational 
     Institutions.--''; and
       (B) in paragraph (2), by striking ``Injunctions.--''; and
       (2) in paragraph (3) of subsection (j), by amending the 
     caption to read as follows:
       ``(3) Notice and ex parte orders.--''.
       (e) Integrity of Copyright Management Information.--Section 
     1202(e)(2)(B) of title 17, United States Code, is amended by 
     striking ``category or works'' and inserting ``category of 
     works''.
       (f) Protection of Designs.--(1) Section 1302(5) of title 
     17, United States Code, is amended by striking ``1 year'' and 
     inserting ``2 years''.
       (2) Section 1320(c) of title 17, United States Code, is 
     amended in the subsection caption by striking 
     ``Acknowledgement'' and inserting ``Acknowledgment''.
       (g) Miscellaneous Clerical Amendments.--
       (1) Section 101 of title 17, United States Code, is 
     amended--
       (A) by transferring and inserting the definition of 
     ``United States work'' after the definition of ``United 
     States''; and
       (B) in the definition of ``proprietor'', by striking ``A 
     `proprietor' '' and inserting ``For purposes of section 513, 
     a `proprietor' ''.
       (2) Section 106 of title 17, United States Code, is amended 
     by striking ``120'' and inserting ``121''.
       (3) Section 118(e) of title 17, United States Code, is 
     amended--
       (A) by striking ``subsection (b).'' and all that follows 
     through ``Owners'' and inserting ``subsection (b). Owners''; 
     and
       (B) by striking paragraph (2).
       (4) Section 119(a)(8)(C)(ii) of title 17, United States 
     Code, is amended by striking ``network's station'' and 
     inserting ``network station's''.
       (5) Section 501(a) of title 17, United States Code, is 
     amended by striking ``118'' and inserting ``121''.
       (6) Section 511(a) of title 17, United States Code, is 
     amended by striking ``119'' and inserting ``121''.

     SEC. 2. OTHER TECHNICAL CORRECTIONS.

       (a) Clerical Amendment to Title 28, U.S.C.--The section 
     heading for section 1400 of title 28, United States Code, is 
     amended to read as follows:

     ``Sec. 1400. Patents and copyrights, mask works, and 
       designs''.

       (b) Elimination of Conflicting Provision.--Section 5316 of 
     title 5, United States Code, is amended by striking 
     ``Commissioner of Patents, Department of Commerce.''.
       (c) Clerical Correction to Title 35, U.S.C.--Section 3(d) 
     of title 35, United States Code, is amended by striking ``, 
     United States Code''.




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