[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[Senate]
[Pages S10600-S10601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Leahy, Mr. Hatch, and Mr. Kohl):
  S. 1785. A bill to amend chapter 13 of title 17, United States Code 
(relating to the vessel hull design protection), to clarify the 
distinction between a hull and a deck, to provide factors for the 
determination of the protectability of a revised design, to provide 
guidance for assessments of substantial similarity, and for other 
purposes; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I rise today along with the Senior Senator 
from Vermont in introducing the Vessel Hull Design Protection Act 
Amendments of 2005. This is the third recent piece of legislation on 
which I have teamed with Senator Leahy--first working together on 
important reforms to the Freedom of Information Act and then joining to 
introduce significant counterfeiting prevention legislation. I am glad 
to continue our work by introducing this legislation which, though 
seemingly technical and minor, offers very important clarifications 
about the scope of protections available to boat designs.
  Boat designs, like any technical designs, are complex and are the 
result of a great deal of hard work and contribution of intellectual 
property. Accordingly, Congress enacted the Vessel Hull Design 
Protection Act in 1998 to provide necessary protections that were not 
present among copyright statutes prior to that time. The Act has been 
instrumental for the continued development and protection of boat 
designs but unfortunately recently has encountered a few hurdles.
  A recent court decision raised questions about the scope of 
protections available to various boat designs. Justifiably or not, this 
interpretation under the VHDPA unfortunately has led many in the boat 
manufacturing industry to conclude that the Act's provisions are not 
effective at protecting vessel designs. Intellectual property 
protection of those designs is critical to these manufacturers in order 
to encourage innovative design and clarification is needed.
  The legislation we offer will clarify that the protections accorded 
to a vessel design can be used to separately protect a vessel's hull 
and/or deck as well as a plug or mold of either the hull or deck. The 
proposed amendments would make clear that it remains possible for boat 
designers to seek protection for both the hull and the deck, and plug 
or mold of both, of a single vessel, and many designers no doubt will 
continue to do so. However, these amendments are intended to clarify 
that protection under the VHDPA for these vessel elements may be 
analyzed separately.
  This bipartisan legislation provides the necessary assurance to boat 
manufacturers that the Vessel Hull Design Protection Act will remain a 
vital intellectual property protection statute. The bill offers very 
important clarifications about the scope of protections available to 
boat designs and will be welcome news to boat makers across the Nation 
and in Texas. The thousands of miles of coastline in Texas, and all the 
lakes and rivers in between, provide significant opportunities for 
recreational and commercial boating throughout the State. This 
legislation will ensure that there will be continued innovation in the 
design and manufacture of boats for many years to come.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1785

       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 ``Vessel Hull Design 
     Protection Amendments of 2005''.

     SEC. 2. DESIGNS PROTECTED.

       Section 1301(a) of title 17, United States Code, is amended 
     by striking paragraph (2) and inserting the following:
       ``(2) Vessel features.--The design of a vessel hull or 
     deck, including a plug or mold, is subject to protection 
     under this chapter, notwithstanding section 1302(4).''.

     SEC. 3. DEFINITIONS.

       Section 1301(b) of title 17, United States Code, is 
     amended--
       (1) in paragraph (2), by striking ``vessel hull, including 
     a plug or mold,'' and inserting ``vessel hull or deck, 
     including a plug or mold,'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) A `hull' is the exterior frame or body of a vessel, 
     exclusive of the deck, superstructure, masts, sails, yards, 
     rigging, hardware, fixtures, and other attachments.''; and
       (3) by adding at the end the following:
       ``(7) A `deck' is the horizontal surface of a vessel that 
     covers the hull, including exterior cabin and cockpit 
     surfaces, and exclusive of masts, sails, yards, rigging, 
     hardware, fixtures, and other attachments.''.

  Mr. LEAHY. Mr. President, Senator Cornyn and I have already worked 
together on significant Freedom of Information Act legislation and on 
counterfeiting legislation during the first session of this Congress. 
Today, we are introducing another bill and taking our partnership to 
the high seas, or at least to our Nation's boat manufacturing industry, 
with the Vessel Hull Design Protection Act Amendments of 2005.
  Designs of boat vessel hulls are often the result of a great deal of 
time, effort, and financial investment. They are afforded intellectual 
property protection under the Vessel Hull Design Protection Act that 
Congress passed in 1998. This law exists for the same reason that other 
works enjoy intellectual property rights: to encourage continued 
innovation, to protect the works that emerge from the creative process, 
and to reward the creators. Recent courtroom experience has made it 
clear that the protections Congress. passed seven years ago need some 
statutory refinement to ensure they meet the purposes we envisioned. 
The Vessel Hull Design Protection Act Amendments shore up the law, 
making an important clarification about the scope of

[[Page S10601]]

the protections available to boat designs.
  We continue to be fascinated with, and in so many ways dependent on, 
bodies of water, both for recreation and commerce. More than fifty 
percent of Americans live on or near the coastline in this country. We 
seem always to be drawn to the water, whether it is the beautiful Lake 
Champlain in my home State of Vermont or the world's large oceans. And 
as anyone who has visited our seaports can attest, much of our commerce 
involves sea travel. I would like to thank Senators Kohl and Hatch for 
cosponsoring this legislation. Protecting boat designs and encouraging 
innovation in those designs are worthy aims, and I hope we can move 
quickly to pass this bipartisan legislation.

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