[Congressional Record Volume 145, Number 106 (Monday, July 26, 1999)]
[House]
[Pages H6362-H6363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               DIGITAL COPYRIGHT LAW TECHNICAL AMENDMENTS

  Mr. COBLE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1260) to make technical corrections in title 17, United 
States Code, and other laws.
  The Clerk read 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Coble) and the gentleman from Maryland (Mr. 
Cummings) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (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 
and to include extraneous material on S. 1260.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.

[[Page H6363]]

  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of S. 1260, a bill to make 
technical corrections in title 17, United States Code, and other laws, 
and urge the House to adopt the measure.
  This bill is nearly the same as H.R. 1189, a bill to make technical 
corrections to title 17, United States Code, and other laws, which 
passed the House under suspension of the rules on April 13, 1999. This 
legislation makes significant and necessary improvements to the 
Copyright Act.
  The Subcommittee on Courts and Intellectual Property and the 
Committee on the Judiciary support S. 1260 in a bipartisan way. I urge 
its adoption today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the gentleman from California (Mr. Berman), the ranking 
member of the subcommittee, is delayed and asked me to stand in for 
him, which I am glad to do.
  Mr. Speaker, I rise in support of S. 1260, a bill making technical 
corrections in title 17 of the Copyright Act. If ever a bill were truly 
technical, this is it.
  The House Committee on the Judiciary labored long, hard, and 
successfully last Congress to reduce landmark legislation in the 
copyright area. This past spring we brought to the House floor H.R. 
1189, making a number of technical corrections to the copyright code. 
As we noted then, the brevity of that bill was testimony to a job well 
done by all concerned in our efforts last Congress.
  Subsequent to passage in this body of H.R. 1189, a small number of 
additional glitches were identified by our staffs and the staff of the 
Copyright Office. S. 1260 differs from our House-passed bill for the 
simple reason that it makes several additional and necessary technical 
corrections.
  I commend the bill to my colleagues and urge its passage. I commend 
this technical corrections bill to my colleagues.
  Mr. Speaker, I yield back the balance of my time.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as the gentleman from Maryland (Mr. Cummings) mentioned, 
the gentleman from California (Mr. Berman) is not able to be with us 
today. But the gentleman from California (Mr. Berman), the ranking 
member, has worked very closely with me on this bill. He concurs, and I 
appreciate the effort that he has given.
  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 Senate bill, S. 1260.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

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