[106th Congress Public Law 379]
[From the U.S. Government Printing Office]
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[DOCID: f:publ379.106]
WORK MADE FOR HIRE AND COPYRIGHT CORRECTIONS ACT OF 2000
Public Law 106-379
106th Congress
An Act
To make certain corrections in copyright law. <<NOTE: Oct. 27,
2000 - [H. R. 5107]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Work Made For
Hire and Copyright Corrections Act of 2000.>>
SECTION 1. SHORT TITLE. <<NOTE: 17 USC 101 note.>>
This Act may be cited as the ``Work Made For Hire and Copyright
Corrections Act of 2000''.
SEC. 2. WORK MADE FOR HIRE.
(a) Definition.--The definition of ``work made for hire'' contained
in section 101 of title 17, United States Code, is amended--
(1) in paragraph (2), by striking ``as a sound recording,'';
and
(2) by inserting after paragraph (2) the following:
``In determining whether any work is eligible to be considered a
work made for hire under paragraph (2), neither the amendment
contained in section 1011(d) of the Intellectual Property and
Communications Omnibus Reform Act of 1999, as enacted by section
1000(a)(9) of Public Law 106-113, nor the deletion of the words
added by that amendment--
``(A) shall be considered or otherwise given any
legal significance, or
``(B) shall be interpreted to indicate congressional
approval or disapproval of, or acquiescence in, any
judicial determination,
by the courts or the Copyright Office. Paragraph (2) shall be
interpreted as if both section 2(a)(1) of the Work Made For Hire
and Copyright Corrections Act of 2000 and section 1011(d) of the
Intellectual Property and Communications Omnibus Reform Act of
1999, as enacted by section 1000(a)(9) of Public Law 106-113,
were never enacted, and without regard to any inaction or
awareness by the Congress at any time of any judicial
determinations.''.
(b) Effective <<NOTE: 17 USC 101 note.>> Date.--
(1) Effective date.--The amendments made by this section
shall be effective as of November 29, 1999.
(2) Severability.--If the provisions of paragraph (1), or
any application of such provisions to any person or
circumstance, is held to be invalid, the remainder of this
section, the amendments made by this section, and the
application of this section to any other person or circumstance
shall not be affected by such invalidation.
SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.
(a) Amendments to Chapter 7.--Chapter 7 of title 17, United States
Code, is amended as follows:
(1) Section 710, and the item relating to that section in
the table of contents for chapter 7, are repealed.
(2) Section 705(a) is amended to read as follows:
``(a) <<NOTE: Records.>> The Register of Copyrights shall ensure
that records of deposits, registrations, recordations, and other actions
taken under this title are maintained, and that indexes of such records
are prepared.''.
(3)(A) Section 708(a) is amended to read as follows:
``(a) Fees.--Fees shall be paid to the Register of Copyrights--
``(1) on filing each application under section 408 for
registration of a copyright claim or for a supplementary
registration, including the issuance of a certificate of
registration if registration is made;
``(2) on filing each application for registration of a claim
for renewal of a subsisting copyright under section 304(a),
including the issuance of a certificate of registration if
registration is made;
``(3) for the issuance of a receipt for a deposit under
section 407;
``(4) for the recordation, as provided by section 205, of a
transfer of copyright ownership or other document;
``(5) for the filing, under section 115(b), of a notice of
intention to obtain a compulsory license;
``(6) for the recordation, under section 302(c), of a
statement revealing the identity of an author of an anonymous or
pseudonymous work, or for the recordation, under section 302(d),
of a statement relating to the death of an author;
``(7) for the issuance, under section 706, of an additional
certificate of registration;
``(8) for the issuance of any other certification; and
``(9) for the making and reporting of a search as provided
by section 705, and for any related services.
The Register is authorized to fix fees for other services, including the
cost of preparing copies of Copyright Office records, whether or not
such copies are certified, based on the cost of providing the
service.''.
(B) Section 708(b) is amended--
(i) by striking the matter preceding paragraph
(1) and inserting the following:
``(b) Adjustment of Fees.--The Register of Copyrights may, by
regulation, adjust the fees for the services specified in paragraphs (1)
through (9) of subsection (a) in the following manner:'';
(ii) in paragraph (1), by striking
``increase'' and inserting ``adjustment'';
(iii) in paragraph (2), by striking
``increase'' the first place it appears and
inserting ``adjust''; and
(iv) in paragraph (5), by striking
``increased'' and inserting ``adjusted''.
(b) Conforming Amendment.--Section 121(a) of title 17, United States
Code, is amended by striking ``sections 106 and 710'' and inserting
``section 106''.
(c) Effective <<NOTE: 17 USC 708 note.>> Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Carry-over of existing fees.--The fees under section
708(a) of title 17, United States Code, on the date of the
enactment of this Act shall be the fees in effect under section
708(a) of such title on the day before such date of enactment.
Approved October 27, 2000.
LEGISLATIVE HISTORY--H.R. 5107:
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HOUSE REPORTS: No. 106-861 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 19, considered and passed House.
Oct. 12, considered and passed Senate.
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