[Congressional Record Volume 156, Number 148 (Monday, November 15, 2010)]
[House]
[Pages H7411-H7412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     COPYRIGHT CLEANUP, CLARIFICATION, AND CORRECTIONS ACT OF 2010

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 3689) to clarify, improve, and correct the laws 
relating to copyrights, as amended.
  The Clerk read the title of the bill.
  The text of the amendments is as follows:

       Amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Copyright Cleanup, 
     Clarification, and Corrections Act of 2010''.

     SEC. 2. REFERENCE.

       Except as otherwise specifically provided, whenever in this 
     Act a section or other provision is amended or repealed, such 
     amendment or repeal shall be considered to be made to that 
     section or other provision of title 17, United States Code.

     SEC. 3. COPYRIGHT OFFICE PROCEDURES.

       (a) Directory of Agents of Service Providers.--Section 
     512(c)(2) is amended, in the matter following subparagraph 
     (B), by striking ``, in both electronic and hard copy 
     formats''.
       (b) Recordation of Documents.--Section 205(a) is amended 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. 4. REPEAL OF EXPIRED PROVISIONS.

       (a) Repeal.--Section 601, and the item relating to such 
     section in the table of sections for chapter 6, are repealed.
       (b) Conforming Amendments.--
       (1) Clerical amendment.--(A) The heading for chapter 6 is 
     amended to read as follows:

              ``CHAPTER 6--IMPORTATION AND EXPORTATION''.

       (B) The item relating to chapter 6 in the table of chapters 
     is amended to read as follows:

``6.  Importation and Exportation............................601''.....

       (2) Application for copyright registration.--Section 409 is 
     amended--
       (A) in paragraph (9), by adding ``and'' after the 
     semicolon;
       (B) by striking paragraph (10); and
       (C) by redesignating paragraph (11) as paragraph (10).
       (c) Infringing Importation or Exportation.--The second 
     sentence of section 602(b) is amended by striking ``unless 
     the provisions of section 601 are applicable''.

     SEC. 5. CLARIFICATIONS.

       (a) Certain Distributions of Phonorecords.--Section 303(b) 
     is amended by striking ``the musical work'' and inserting 
     ``any musical work, dramatic work, or literary work''.
       (b) Proceedings of Copyright Royalty Judges.--Section 
     803(b)(6)(A) is amended by striking the second sentence and 
     inserting the following: ``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, except as set forth in 
     subsection (d).''
       (c) Licenses for Certain Nonexempt Transmissions.--Section 
     114(f)(2)(C) 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''.

[[Page H7412]]

     SEC. 6. TECHNICAL CORRECTIONS.

       (a) Definitions.--Section 101 is amended--
       (1) by moving the definition of ``Copyright Royalty 
     Judges'' to follow the definition of ``Copyright owner'';
       (2) by moving the definition of ``motion picture exhibition 
     facility'' to follow the definition of ``Literary works''; 
     and
       (3) by moving the definition of ``food service or drinking 
     establishment'' to follow the definition of ``fixed'';
       (b) Licenses for Webcasting.--Section 114(f)(2)(B) is 
     amended in the fourth sentence, in the matter preceding 
     clause (i), by striking ``Judges shall base its decision'' 
     and inserting ``Judges shall base their decision''.
       (c) Satellite Carriers.--Section 119(g)(4)(B)(vi) is 
     amended by striking ``the examinations'' and inserting ``an 
     examination''.
       (d) Remedies for Infringement.--Section 503(a)(1)(B) is 
     amended by striking ``copies of phonorecords'' and inserting 
     ``copies or phonorecords''.
       (e) Retention of Copies in Copyright Office.--Section 
     704(e) is amended, in the second sentence, by striking 
     ``section 708(a)(10)'' and inserting ``section 708(a)''.
       (f) Correction of Internal References.--(1) Section 114(b) 
     is amended by striking ``118(g)'' and inserting ``118(f)''.
       (2) Section 504(c)(2) is amended by striking ``subsection 
     (g) of section 118'' and inserting ``section 118(f)''.
       (3) Sections 1203(c)(5)(B)(i) and 1204(b) are each amended 
     by striking ``118(g)'' and inserting ``118(f)''.
       (g) PRO-IP Act.--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' ''.
       (h) Trademark Technical Amendments Act.--Section 4(a)(1) of 
     Public Law 111-146 is amended by striking ``by corporations 
     attempting'' and inserting ``the purpose of which is''.
       (i) Trafficking.--Section 2318(e)(6) of title 18, United 
     States Code, is amended by striking ``under section'' and 
     inserting ``under this subsection''.
         Amend the title so as to read: ``An Act to clarify, 
     improve, and correct the laws relating to copyrights, and for 
     other purposes.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Poe) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material to the measure under discussion.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. I yield myself as much time as I may consume.
  Mr. Speaker, this measure, entitled the Copyright Cleanup, 
Clarification, and Corrections Act, is a commonsense, proactive 
response to unintended errors and confusion in copyright law. This bill 
updates and improves the way the Copyright Office conducts its business 
by making some changes, mainly streamlining the copyright registry 
process by authorizing the Copyright Office to accept electronic 
signatures when users file documents. It also eliminates the 
requirement that the Copyright Office keep a hard copy of a directory 
they already make available to the public online. This hard copy has 
taken over several shelves in their office but is seldom consulted by 
the public.
  The measure before us also clarifies some ambiguities in the 
copyright code. For example, in 1997, Congress amended the copyright 
code to clarify that copyright owners do not forfeit their rights in a 
work if they distributed it prior to 1978 without a copyright notice. 
However, while Congress made this fix for musical works distributed by 
phonograph, it neglected to specifically identify dramatic and literary 
works that were also distributed by phonograph. We make that correction 
in this bill before us. Finally, it corrects in this measure a number 
of technical errors, just dotting the I's and crossing the T's. I 
support the legislation. I commend the committee that worked on it.
  I reserve the balance of my time.
  Mr. POE of Texas. Mr. Speaker, I yield myself such time as I may 
consume.
  The copyright bill before us today is an important housekeeping 
measure that contains largely technical and clarifying amendments to 
title 17 of the United States Code. For the few changes that are more 
substantive in nature, they are noncontroversial and are recognized as 
improvements to a code that is all too often perceived as complex.
  S. 3689, the Copyright Cleanup, Clarification, and Corrections Act of 
2010, was originally introduced and passed by the other body on the 2nd 
day of August. Since that time, the House Committee on the Judiciary 
has worked in a bipartisan manner to consider the measure and to 
incorporate modest improvements to the bill.
  While I expect the majority to detail most of the bill's provisions, 
I do want to note some significant provisions, including an important 
change from the measure that passed the other body in August. That 
change is in the deletion of language contained in section 4(a) that 
would amend the Copyright Act to permit the owner of an exclusive right 
to sublicense that right or further transfer it if the original 
copyright owner had not expressly prohibited these actions in a prior 
written agreement.
  This provision raised a number of concerns among copyright owners who 
feared that those who had relied on a prior judicial decision in the 
case of Gardner v. Nike might be disadvantaged by such a change. In 
recognition of these serious concerns, both the chairman and ranking 
member agreed this issue ought not be addressed in this measure.

                              {time}  1530

  Another substantive improvement that is worth noting is contained in 
section 5(b) of the bill, as amended. That provision makes clear that 
regulations issued by the copyright royalty judges are to be approved 
by the Librarian of Congress and subject to review of Federal courts.
  This bill also contains one amendment to trademark as opposed to 
copyright law. That amendment, which is contained in section 6(h), 
amends a study requirement that was included in Public Law 111-146, the 
Trademark Technical Amendments Act, earlier this year.
  In closing, the purpose of S. 3689, the Copyright Cleanup, 
Clarification, and Corrections Act of 2010, is to make modest but 
needed changes to the Copyright Act. I urge my colleagues to suspend 
the rules and pass the bill with the amendments contained herein.
  I yield back the balance of my time.
  Mr. CONYERS. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, S. 3689, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CONYERS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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