[Congressional Record Volume 156, Number 115 (Monday, August 2, 2010)]
[Senate]
[Pages S6594-S6595]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COPYRIGHT CLEANUP, CLARIFICATION, AND CORRECTIONS ACT OF 2010
Mr. DODD. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3689, introduced earlier
today by Senators Leahy and Sessions.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 3689) to clarify, improve, and correct the laws
relating to copyrights.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, today, the Senate considers bipartisan
legislation to make a number of improvements in the way the Copyright
Office functions. This bill will also clarify certain areas of
copyright law to provide certainty, and make technical corrections to
the Code. The Copyright Office has done a terrific job, as it always
does, assisting Congress in finding inefficiencies in the law and
recommending appropriate changes. I appreciate the Senate acting
swiftly to pass this bill.
This bill is another bipartisan effort to improve the copyright laws.
Similar to the Trademark Technical and Conforming Amendments Act,
today's legislation makes commonsense improvements to the copyright
system that will make it more efficient. Congress should work in a
bipartisan fashion to find inefficiencies and correct them. We are
doing that today.
The provisions of the bill fall into three categories: those designed
to make the Office's operations more efficient; those designed to
clarify issues of copyright law made unclear either by recent court
decisions or by ambiguities in the statute; and those that are
technical.
In the first category, the Copyright Office has requested two
statutory changes that will facilitate their transition to digital
files and record keeping. These changes will also make it easier for
filers to submit documents electronically.
In the second category, the bill clarifies, for instance, that the
exclusive licensee of a work may further license the work in the
absence of an agreement to the contrary. There are inefficiencies that
arise from a lack of clarity in the statute, particularly as circuit
splits arise. The bill makes other clarifications, such as that the
distribution of a phonorecord prior to 1978 shall not constitute a
publication of a dramatic and literary work included in
[[Page S6595]]
it. Congress made this clarification with respect to musical works in
1997, and we do so with respect to other works today.
In the third category, the bill includes numerous technical
corrections. Finally, this legislation fulfills a commitment I made to
the chairman and ranking member of the House of Representatives
Committee on the Judiciary just before the House passed the Trademark
Technical and Conforming Amendments Act. The chairman and ranking
member suggested that we strike the words ``by corporations'' from
section 4 of that law. I agreed, and offered to include such an
amendment in subsequent legislation. That change is included in this
bill.
I am pleased to be joined by the Judiciary Committee ranking member,
Senator Sessions, in sponsoring this legislation. This is a bipartisan
effort. Just as we acted quickly to pass the Trademark Technical and
Confirming Amendments Act earlier this year, I hope Congress will come
together to promptly send this legislation to the President to be
signed into law.
Mr. DODD. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motion to reconsider be laid upon the
table, with no interviewing action or debate, and that any statements
be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3689) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 3689
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 ``Copyright Cleanup,
Clarification, and Corrections Act of 2010''.
SEC. 2. COPYRIGHT OFFICE PROCEDURES.
Title 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.''.
SEC. 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) Repeal.--Section 601 of title 17, United States Code,
is hereby repealed and reserved.
(c) Conforming Amendments.--
(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''
SEC. 4. CLARIFICATIONS.
(a) Transfer of Ownership.--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 Phonorecords.--Section 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 Judges.--Section
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 Transmissions.--Section
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''.
SEC. 5. TECHNICAL CORRECTIONS.
(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''.
SEC. 6. BUDGETARY EFFECTS.
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 .
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