[Congressional Record Volume 156, Number 152 (Friday, November 19, 2010)]
[Senate]
[Page S8204]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     COPYRIGHT CLEANUP, CLARIFICATION, AND CORRECTIONS ACT OF 2010

  Mr. REID. Mr. President, I now ask that the Chair lay before the 
Senate a House message with respect to S. 3689.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

                                S. 3689

       Resolved, That the bill from the Senate (S. 3689) entitled 
     ``An Act to clarify, improve, and correct the laws relating 
     to copyrights.'', do pass with the following 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     Act a section or other provision is amended or repealed, such 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     section in the table of sections for chapter 6, are repealed.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''.

     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.''.

  Mr. REID. Mr. President, I move to concur in the House amendments, 
the motion to reconsider be laid upon the table, with no intervening 
action or debate, and that any statements relating to this matter be 
printed in the Record.
  The motion was agreed to.
  Mr. LEAHY. Mr. President, I am pleased that the Senate today has 
taken up and passed bipartisan legislation to make a number of 
improvements to the way in which the Copyright Office functions, to 
clarify areas in copyright law that have become unclear, and make 
technical changes to current law. The Copyright Office provided 
important recommendations that are included in this legislation, and I 
thank them for their input and guidance on these issues.
  The changes made by this legislation are commonsense improvements 
that will make the copyright system more efficient. Bills such as this 
underscore the point that when Congress works together in a bipartisan, 
bicameral fashion, we can pass good pieces of legislation. I appreciate 
the Senate acting quickly to pass this bill, and I look forward to the 
President signing it into law.

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