[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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