[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Act a section or other provision is amended or repealed, such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section in the table of sections for chapter 6, are repealed.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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