[House Report 106-860]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-860
======================================================================
COPYRIGHT TECHNICAL CORRECTIONS ACT OF 2000
_______
September 18, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Coble, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 5106]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 5106) making technical corrections in copyright law,
having considered the same, reports favorably thereon with an
amendment in the nature of a substitute and recommends that the
bill as amended do pass.
TABLE OF CONTENTS
Page
The Amendment.............................................. 1
Purpose and Summary........................................ 3
Background and Need for the Legislation.................... 3
Committee Consideration.................................... 3
Committee Oversight Findings............................... 3
Committee on Government Reform Findings.................... 3
New Budget Authority and Tax Expenditures.................. 3
Congressional Budget Office Cost Estimate.................. 4
Constitutional Authority Statement......................... 4
Section-by-Section Analysis and Discussion................. 4
Changes in Existing Law Made by the Bill, as Reported...... 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copyright Technical Corrections Act
of 2000''.
SEC. 2. CORRECTIONS TO 1999 ACT.
Title I of the Intellectual Property and Communications Omnibus
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, is amended as follows:
(1) Section 1007 is amended--
(A) in paragraph (2), by striking ``paragraph (2)''
and inserting ``paragraph (2)(A)''; and
(B) in paragraph (3), by striking ``1005(e)'' and
inserting ``1005(d)''.
(2) Section 1006(b) is amended by striking
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
(3)(A) Section 1006(a) is amended--
(i) in paragraph (1) by adding ``and'' after the
semicolon;
(ii) by striking paragraph (2); and
(iii) by redesignating paragraph (3) as paragraph
(2).
(B) Section 1011(b)(2)(A) is amended to read as follows:
``(A) in paragraph (1), by striking `primary
transmission made by a superstation and embodying a
performance or display of a work' and inserting
`performance or display of a work embodied in a primary
transmission made by a superstation or by the Public
Broadcasting Service satellite feed';''.
SEC. 3. AMENDMENTS TO TITLE 17, UNITED STATES CODE.
Title 17, United States Code, is amended as follows:
(1) Section 119(a)(6) is amended by striking ``of
performance'' and inserting ``of a performance''.
(2)(A) The section heading for section 122 is amended by
striking ``rights; secondary'' and inserting ``rights:
Secondary''.
(B) The item relating to section 122 in the table of
contents for chapter 1 is amended to read as follows:
``122. Limitations on exclusive rights: Secondary transmissions by
satellite carriers within local markets.''.
(3)(A) The section heading for section 121 is amended by
striking ``reproduction'' and inserting ``Reproduction''.
(B) The item relating to section 121 in the table of
contents for chapter 1 is amended by striking ``reproduction''
and inserting ``Reproduction''.
(4)(A) Section 106 is amended by striking ``107 through
121'' and inserting ``107 through 122''.
(B) Section 501(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(C) Section 511(a) is amended by striking ``106 through
121'' and inserting ``106 through 122''.
(5) Section 101 is amended--
(A) by moving the definition of ``computer
program'' so that it appears after the definition of
``compilation''; and
(B) by moving the definition of ``registration'' so
that it appears after the definition of ``publicly''.
(6) Section 110(4)(B) is amended in the matter preceding
clause (i) by striking ``conditions;'' and inserting
``conditions:''.
(7) Section 118(b)(1) is amended in the second sentence by
striking ``to it''.
(8) Section 119(b)(1)(A) is amended--
(A) by striking ``transmitted'' and inserting
``retransmitted''; and
(B) by striking ``transmissions'' and inserting
``retransmissions''.
(9) Section 203(a)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end
and inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end
and inserting a period; and
(C) in subparagraph (C), by striking ``(C) the''
and inserting ``(C) The''.
(10) Section 304(c)(2) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) the'' and inserting
``(A) The''; and
(ii) by striking the semicolon at the end
and inserting a period;
(B) in subparagraph (B)--
(i) by striking ``(B) the'' and inserting
``(B) The''; and
(ii) by striking the semicolon at the end
and inserting a period; and
(C) in subparagraph (C), by striking ``(C) the''
and inserting ``(C) The''.
(11) The item relating to section 903 in the table of
contents for chapter 9 is amended by striking ``licensure'' and
inserting ``licensing''.
(12) Section 109 is amended by striking subsection (e).
SEC. 4. OTHER AMENDMENTS.
(a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United
States Code, is amended by striking ``107 through 120'' and inserting
``107 through 122''.
(b) Standard Reference Data.--(1) Section 105(f) of Public Law 94-
553 is amended by striking ``section 290(e) of title 15'' and inserting
``section 6 of the Standard Reference Data Act (15 U.S.C. 290e)''.
(2) Section 6(a) of the Standard Reference Data Act (15 U.S.C.
290e) is amended by striking ``Notwithstanding'' and all that follows
through ``United States Code,'' and inserting ``Notwithstanding the
limitations under section 105 of title 17, United States Code,''.
Purpose and Summary
The purpose of H.R. 5106, the ``Copyright Technical
Corrections Act of 2000'', is to make purely technical
amendments to Title I of the Intellectual Property and
Communications Omnibus Reform Act of 1999, Pub. L. No. 106-113
(IPCORA), and title 17, United States Code. H.R. 5106 corrects
errors in references, spelling, and punctuation; conforms the
table of contents with section headings; restores the
definitions in chapter 1 to alphabetical order; deletes an
expired paragraph; and conforms several provisions to the
grammatical style used throughout title 17.
Background and Need for the Legislation
The United States Copyright Office periodically forwards to
Congress recommendations for technical corrections to title 17,
the Copyright Act. Early in 2000, the Copyright Office
forwarded recommended technical corrections to the Subcommittee
on Courts and Intellectual Property. H.R. 5106 implements many
of those recommendations. These are necessary amendments which
clarify U.S. Copyright law.
Committee Consideration
On September 13, 2000, the committee met in open session
and ordered favorably reported the bill H.R. 5106, with an
amendment in the nature of a substitute, by voice vote, a
quorum being present.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the committee reports that the
findings and recommendations of the committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform Findings
No findings or recommendations of the Committee on
Government Reform were received as referred to in clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House Rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the committee sets forth, with
respect to the bill, H.R. 5106, the following estimate and
comparison prepare by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 15, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5106, the
Copyright Technical Corrections Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Ken Johnson,
who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Democratic Member
H.R. 5106--Copyright Technical Corrections Act of 2000.
H.R. 5106 would make certain technical changes to copyright
law concerning retransmissions of television programming by
satellite carriers. The bill also would renumber and retitle
several sections of law related to copyrights. Finally, H.R.
5106 would repeal an expired provision of copyright law related
to electronic audiovisual games.
CBO estimates that enacting the bill would have no
significant impact on the federal budget because the bill's
provisions are all technical in nature. Because the bill would
not affect direct spending or receipts, pay-as-you-go
procedures would not apply.
H.R. 5106 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact is Ken Johnson, who can be reached at
226-2860. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of the rule XIII of the Rules of
the House of Representatives, the committee finds the authority
for this legislation in Article I, section 8, clause 8 of the
Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title. This section states that the act
may be cited as the ``Copyright Technical Corrections Act of
2000''.
Sec. 2. Corrections to 1999 Act. This section makes
amendments to Title I of IPCORA.
Paragraph (1)(A) amends section 1007(2) by striking
``paragraph (2)'' and inserting ``paragraph (2)(A)''.
Paragraph (1)(B) amends section 1007(3) by striking
``1005(e)'' and inserting ``1005(d)''. In section 1007(3), the
amendment instructions require paragraph 12 to be added to
subsection 119(a) ``as amended by section 1005(e)''. The
reference to section 1005(e) is wrong. Section 1005(d) amended
subsection 119(a), whereas section 1005(e) amended subsection
119(d). Section 1005(d) amended subsection 119(a) by adding
paragraph 11. Section 1005(e) amended subsection 119(d) by
rewriting its paragraph 11. This amendment corrects this.
Paragraph (2) amends section 1006(b) by striking
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
Section 1006(b) amended section 119(b)(1)(B)(iii) by inserting
``or the Public Broadcasting Service satellite feed'' after
``network station''. Section 119(b)(1)(B)(ii), not (iii),
should have been amended. Section 119(b)(1)(B)(iii) contains no
reference to ``network station''. Section 119(b)(1)(B)(ii) does
contain that reference, and it is clear that section 1006(b)
was intended to amend section 119(b)(1)(B)(ii).
Paragraphs (3)(A) and (3)(B) amend section 1006(a)(2) by
repealing it, redesignating the paragraphs and changing the
language in section 1011(b). The amendment in section
1006(b)(2) amends section 119(a)(1) by inserting new wording so
that the text will read as follows, with the new wording
italicized: ``primary transmission made by a superstation or by
the Public Broadcasting Service satellite feed and embodying a
performance or display of a work''.
The amendment in section 1011(b)(2)(A) subsequently amends
the same language but does not take the first amendment into
account. It directs that section 119(a)(1) be amended to delete
``primary transmission made by a superstation and embodying a
performance or display of a work'' (ignoring the fact that ``or
by the Public Broadcasting Service satellite feed'' has been
inserted into the middle of that phrase). In lieu of that
phrase, it inserts ``performance or display of a work embodied
in a primary transmission made by a superstation'' (but without
taking into account the addition of ``or by the Public
Broadcasting Service satellite feed''). As a result, it is
unclear what is to be done with the phrase ``or by the Public
Broadcasting Service satellite feed''. Although the intent is
clear, the language of sections 1006(a)(2) and 1011(b)(2)(A)
does not necessarily accomplish the intended result. These
paragraphs clarify the ambiguity to achieve the intended
result.
Sec. 3. Amendments to Title 17, United States Code. This
section makes amendments to title 17, United States Code.
Paragraph (1) amends section 119(a)(6) by striking ``of
performance'' and inserting ``of a performance''. Section
1011(b)(2) of IPCORA amended section 119(a)(6) so that
``performance or display of a work embodied in'' is inserted
after ``by a satellite carrier of''. The word ``a'' is missing
between these two phrases. This section inserts it before
``performance'' so that the language will read ``by a satellite
carrier of a performance or display of a work embodied in''.
Paragraph (2)(A) amends the section heading for section 122
by striking ``rights; secondary'' and inserting ``rights:
Secondary''. Section 1002(a) of IPCORA added section 122 to
title 17. The title of section 122 has editorial errors. To
make it consistent with the style used throughout title 17, the
title is changed to substitute a colon in lieu of the semicolon
and ``secondary'' is capitalized. Paragraph (2)(B) amends the
item relating to section 122 in the table of contents for
chapter 1 to make it consistent with the change made by
paragraph (2)(A).
Paragraph (3)(A) amends the section heading for section 121
by striking ``reproduction'' and inserting ``Reproduction''.
Paragraph 3(B) amends the item relating to section 121 in the
table of contents from chapter 1 by striking ``reproduction''
and inserting ``Reproduction''. This makes the heading for
section 121 and the table of contents for Chapter 1 conform to
the editorial style used for the rest of the headings for title
17 by capitalizing ``reproduction''.
Paragraphs (4)(A), (4)(B), and (4)(C) amend cross
references to the limitations on exclusive rights in copyright
to include section 122. Throughout title 17, such references to
``121'' are changed to ``122''. Paragraph 4(A) amends section
106 by striking ``107 through 121'' and inserting ``107 through
122''. Paragraph (4)(B) amends section 501(a) by striking ``106
through 121'' and inserting ``106 through 122''. Paragraph
(4)(C) amends section 511(a) by striking ``106 through 121''
and inserting ``106 through 122''.
Paragraph (5)(A) amends section 101 by moving the
definition of ``computer program'' so that it appears after the
definition of ``compilation''. Paragraph (5)(B) amends section
101 by moving the definition of ``registration'' so that it
appears after the definition of ``publicly''. This amendment
ensures that the definitions appear in alphabetical order.
Paragraph (6) amends section 110(4)(B) in the matter
preceding clause (i) by striking ``conditions;'' and inserting
``conditions:''. A colon is the proper punctuation when a
phrase that introduces multiple subparts is worded to include
``the following''.
Paragraph (7) amends section 118(b)(1) in the second
sentence by striking ``to it''. This section was amended by the
Copyright Royalty Tribunal Reform Act of 1993 to substitute
``Librarian of Congress'' for references to the ``Copyright
Royalty Tribunal'' (CRT). As originally enacted by the
Copyright Act of 1976, the second sentence in subsection(b)
used the pronoun ``it'' to refer to the CRT. As amended in
1993, the sentence now states, ``The Librarian of Congress
shall proceed on the basis of the proposals submitted to it. .
. .'' This amendment corrects that reference.
Paragraphs (8)(A) and (B) amend section 119(b)(1)(A).
Paragraph (A) strikes ``transmitted'' and inserts
``retransmitted''. Paragraph (B) strikes ``transmissions'' and
inserts ``retransmissions''. These paragraphs correct two
drafting errors in section 119(b)(1)(A) when it was enacted by
the Satellite Home Viewer Act of 1988.
Paragraphs (9)(A), (B) and (C) amend section 203(a)(2).
Paragraph (9)(A)(i) amends subparagraph (A) by striking ``(A)
the'' and inserts ``(A) The''. Paragraph (9)(A)(ii) amends
subparagraph (A) by striking the semicolon at the end and
inserting a period. Paragraph (9)(B)(i) amends subparagraph (B)
by striking ``(B) the'' and inserting ``(B) The''. Paragraph
(9)(B)(ii) amends subparagraph (B) by striking the semicolon at
the end and inserting a period. Paragraph (9)(C) amends
subparagraph (C) by striking ``(C) the'' and inserting ``(C)
The''.
Paragraphs (10)(A), (B) and (C) amend section 304(c)(2).
Paragraph (10)(A)(i) amends subparagraph (A) by striking ``(A)
the'' and inserting ``(A) The''. Paragraph (10)(A)(ii) amends
subparagraph (A) by striking the semicolon at the end and
inserting a period. Paragraph (10)(B)(i) amends subparagraph
(B) by striking ``(B) the'' and inserting ``(B) The''.
Paragraph (10)(B)(ii) amends subparagraph (B) by striking the
semicolon at the end and inserting a period. Paragraph (10)(C)
amends subparagraph (C) by striking ``(C) the'' and inserting
``(C) The''. The addition of subparagraph (C) to sections
203(a)(2) and 304(c)(2) resulted in inconsistent punctuation
and this amendment makes the punctuation in sections 203(a)(2)
and 304(c)(2) internally consistent.
Paragraph (11) amends the item relating to section 903 in
the table of contents for chapter 9 by striking ``licensure''
and inserting ``licensing''. As originally enacted in 1984, the
table of contents for chapter 9 and the text each had a
different heading for section 903. The heading in the text was
the same as it is now, which is ``Ownership, transfer,
licensing, and recordation''. The heading in the table of
contents was, ``Ownership and transfer.'' In 1997, a technical
amendment changed the heading in the table of sections to its
present form, which is, ``Ownership, transfer, licensure, and
recordation.'' The 1997 amendment did not change the heading in
the text to make it the same. This amendment makes both the
table of contents and the heading in the text the same.
Paragraph (12) amends section 109 by striking subsection
(e). Section 803 of the Computer Software Rental Amendments Act
of 1990 amended section 109 of title 17 by adding subsection
(e). According to section 804(c) the amendments made by section
803 shall not apply to public performances or displays that
occur on or after October 1, 1995. Therefore, section 109 is
expired.
Sec. 4. Other Amendments. This section makes other
technical and conforming amendments. Paragraph (a) amends title
18, section 2319(e)(2) by striking ``107 through 120'' and
inserting ``107 through 122''. Paragraph (b)(1) and (2) correct
an incorrect reference to an uncodified title. It is incorrect
to directly cite to an uncodified title.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
INTELLECTUAL PROPERTY AND COMMUNICATIONS OMNIBUS REFORM ACT OF 1999
* * * * * * *
TITLE I--SATELLITE HOME VIEWER IMPROVEMENT
* * * * * * *
SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.
(a) Secondary Transmissions.--Section 119(a)(1) of title
17, United States Code, is amended--
(1) by striking the paragraph heading and inserting
``(1) Superstations and pbs satellite feed.--''; and
[(2) by inserting ``or by the Public Broadcasting
Service satellite feed'' after ``superstation''; and]
[(3)] (2) by adding at the end the following: ``In
the case of the Public Broadcasting Service satellite
feed, the statutory license shall be effective until
January 1, 2002.''.
(b) Royalty Fees.--Section [119(b)(1)(B)(iii)]
119(b)(1)(B)(ii) of title 17, United States Code, is amended by
inserting ``or the Public Broadcasting Service satellite feed''
after ``network station''.
* * * * * * *
SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION
REGULATIONS.
Section 119(a) of title 17, United States Code, is
amended--
(1) * * *
(2) in [paragraph (2)] paragraph (2)(A), by
inserting ``with regard to secondary transmissions the
satellite carrier is in compliance with the rules,
regulations, or authorizations of the Federal
Communications Commission governing the carriage of
television broadcast station signals,'' after
``satellite carrier to the public for private home
viewing,''; and
(3) by adding at the end of such subsection (as
amended by section [1005(e)] 1005(d) of this Act) the
following new paragraph:
``(12) Statutory license contingent on compliance
with fcc rules and remedial steps.--Notwithstanding any
other provision of this section, the willful or
repeated secondary transmission to the public by a
satellite carrier of a primary transmission embodying a
performance or display of a work made by a broadcast
station licensed by the Federal Communications
Commission is actionable as an act of infringement
under section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if, at
the time of such transmission, the satellite carrier is
not in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission
concerning the carriage of television broadcast station
signals.''.
* * * * * * *
SEC. 1011. TECHNICAL AMENDMENTS.
(a) * * *
* * * * * * *
(b) Technical Amendments Relating to Performance or
Displays Of Works.--
(1) * * *
* * * * * * *
(2) Section 119(a) of title 17, United States Code,
is amended--
[(A) in paragraph (1), by striking
``primary transmission made by a superstation
and embodying a performance or display of a
work'' and inserting ``performance or display
of a work embodied in a primary transmission
made by a superstation'';]
(A) in paragraph (1), by striking ``primary
transmission made by a superstation and
embodying a performance or display of a work''
and inserting ``performance or display of a
work embodied in a primary transmission made by
a superstation or by the Public Broadcasting
Service satellite feed'';
* * * * * * *
----------
TITLE 17, UNITED STATES CODE
* * * * * * *
CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT
Sec.
101. Definitions.
* * * * * * *
121. Limitations on exclusive rights: [reproduction] Reproduction for
blind or other people with disabilities.
[122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local market.]
122. Limitations on exclusive rights: Secondary transmissions by
satellite carriers within local markets.
* * * * * * *
Sec. 101. Definitions
Except as otherwise provided in this title, as used in this
title, the following terms and their variant forms mean the
following:
An ``anonymous work'' is a work on the copies or
phonorecords of which no natural person is identified
as author.
* * * * * * *
A ``compilation'' is a work formed by the
collection and assembling of preexisting materials or
of data that are selected, coordinated, or arranged in
such a way that the resulting work as a whole
constitutes an original work of authorship. The term
``compilation'' includes collective works.
A ``computer program'' is a set of statements or
instructions to be used directly or indirectly in a
computer in order to bring about a certain result.
* * * * * * *
To perform or display a work ``publicly'' means--
(1) to perform or display it at a place
open to the public or at any place where a
substantial number of persons outside of a
normal circle of a family and its social
acquaintances is gathered; or
(2) to transmit or otherwise communicate a
performance or display of the work to a place
specified by clause (1) or to the public, by
means of any device or process, whether the
members of the public capable of receiving the
performance or display receive it in the same
place or in separate places and at the same
time or at different times.
``Registration'', for purposes of sections
205(c)(2), 405, 406, 410(d), 411, 412, and 506(e),
means a registration of a claim in the original or the
renewed and extended term of copyright.
* * * * * * *
Sec. 106. Exclusive rights in copyrighted works
Subject to sections [107 through 121] 107 through 122, the
owner of copyright under this title has the exclusive rights to
do and to authorize any of the following:
(1) * * *
* * * * * * *
Sec. 109. Limitations on exclusive rights: Effect of transfer of
particular copy or phonorecord
(a) * * *
* * * * * * *
[(e) Notwithstanding the provisions of sections 106(4) and
106(5), in the case of an electronic audiovisual game intended
for use in coin-operated equipment, the owner of a particular
copy of such a game lawfully made under this title, is
entitled, without the authority of the copyright owner of the
game, to publicly perform or display that game in coin-operated
equipment, except that this subsection shall not apply to any
work of authorship embodied in the audiovisual game if the
copyright owner of the electronic audiovisual game is not also
the copyright owner of the work of authorship.]
Sec. 110. Limitations on exclusive rights: Exemption of certain
performances and displays
Notwithstanding the provisions of section 106, the
following are not infringements of copyright:
(1) * * *
* * * * * * *
(4) performance of a nondramatic literary or
musical work otherwise than in a transmission to the
public, without any purpose of direct or indirect
commercial advantage and without payment of any fee or
other compensation for the performance to any of its
performers, promoters, or organizers, if--
(A) * * *
(B) the proceeds, after deducting the
reasonable costs of producing the performance,
are used exclusively for educational,
religious, or charitable purposes and not for
private financial gain, except where the
copyright owner has served notice of objection
to the performance under the following
[conditions;] conditions:
(i) * * *
* * * * * * *
Sec. 118. Scope of exclusive rights: Use of certain works in connection
with noncommercial broadcasting
(a) * * *
(b) Notwithstanding any provision of the antitrust laws,
any owners of copyright in published nondramatic musical works
and published pictorial, graphic, and sculptural works and any
public broadcasting entities, respectively, may negotiate and
agree upon the terms and rates of royalty payments and the
proportionate division of fees paid among various copyright
owners, and may designate common agents to negotiate, agree to,
pay, or receive payments.
(1) Any owner of copyright in a work specified in
this subsection or any public broadcasting entity may
submit to the Librarian of Congress proposed licenses
covering such activities with respect to such works.
The Librarian of Congress shall proceed on the basis of
the proposals submitted [to it] as well as any other
relevant information. The Librarian of Congress shall
permit any interested party to submit information
relevant to such proceedings.
* * * * * * *
Sec. 119. Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home
viewing
(a) Secondary Transmissions by Satellite Carriers.--
(1) * * *
* * * * * * *
(6) Discrimination by a satellite carrier.--
Notwithstanding the provisions of paragraph (1), the
willful or repeated secondary transmission to the
public by a satellite carrier [of performance] of a
performance or display of a work embodied in a primary
transmission made by a superstation or a network
station is actionable as an act of infringement under
section 501, and is fully subject to the remedies
provided by sections 502 through 506 and 509, if the
satellite carrier unlawfully discriminates against a
distributor.
* * * * * * *
(b) Statutory License for Secondary Transmissions for
Private Home Viewing.--
(1) Deposits with the register of copyrights.--A
satellite carrier whose secondary transmissions are
subject to statutory licensing under subsection (a)
shall, on a semiannual basis, deposit with the Register
of Copyrights, in accordance with requirements that the
Register shall prescribe by regulation--
(A) a statement of account, covering the
preceding 6-month period, specifying the names
and locations of all superstations and network
stations whose signals were [transmitted]
retransmitted, at any time during that period,
to subscribers for private home viewing as
described in subsections (a)(1) and (a)(2), the
total number of subscribers that received such
[transmissions] retransmissions, and such other
data as the Register of Copyrights may from
time to time prescribe by regulation; and
* * * * * * *
Sec. 121. Limitations on exclusive rights: [reproduction] Reproduction
for blind or other people with disabilities
(a) * * *
* * * * * * *
Sec. 122. Limitations on exclusive [rights; secondary] rights:
Secondary transmissions by satellite carriers
within local markets
(a) * * *
* * * * * * *
CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER
* * * * * * *
Sec. 203. Termination of transfers and licenses granted by the author
(a) Conditions for Termination.--In the case of any work
other than a work made for hire, the exclusive or nonexclusive
grant of a transfer or license of copyright or of any right
under a copyright, executed by the author on or after January
1, 1978, otherwise than by will, is subject to termination
under the following conditions:
(1) * * *
(2) Where an author is dead, his or her termination
interest is owned, and may be exercised, as follows:
(A) [the] The widow or widower owns the
author's entire termination interest unless
there are any surviving children or
grandchildren of the author, in which case the
widow or widower owns one-half of the author's
interest[;].
(B) [the] The author's surviving children,
and the surviving children of any dead child of
the author, own the author's entire termination
interest unless there is a widow or widower, in
which case the ownership of one-half of the
author's interest is divided among them[;].
(C) [the] The rights of the author's
children and grandchildren are in all cases
divided among them and exercised on a per
stirpes basis according to the number of such
author's children represented; the share of the
children of a dead child in a termination
interest can be exercised only by the action of
a majority of them.
* * * * * * *
CHAPTER 3--DURATION OF COPYRIGHT
* * * * * * *
Sec. 304. Duration of copyright: Subsisting copyrights
(a) * * *
* * * * * * *
(c) Termination of Transfers and Licenses Covering Extended
Renewal Term.--In the case of any copyright subsisting in
either its first or renewal term on January 1, 1978, other than
a copyright in a work made for hire, the exclusive or
nonexclusive grant of a transfer or license of the renewal
copyright or any right under it, executed before January 1,
1978, by any of the persons designated by subsection (a)(1)(C)
of this section, otherwise than by will, is subject to
termination under the following conditions:
(1) * * *
(2) Where an author is dead, his or her termination
interest is owned, and may be exercised, as follows:
(A) [the] The widow or widower owns the
author's entire termination interest unless
there are any surviving children or
grandchildren of the author, in which case the
widow or widower owns one-half of the author's
interest[;].
(B) [the] The author's surviving children,
and the surviving children of any dead child of
the author, own the author's entire termination
interest unless there is a widow or widower, in
which case the ownership of one-half of the
author's interest is divided among them[;].
(C) [the] The rights of the author's
children and grandchildren are in all cases
divided among them and exercised on a per
stirpes basis according to the number of such
author's children represented; the share of the
children of a dead child in a termination
interest can be exercised only by the action of
a majority of them.
* * * * * * *
CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES
* * * * * * *
Sec. 501. Infringement of copyright
(a) Anyone who violates any of the exclusive rights of the
copyright owner as provided by sections [106 through 121] 106
through 122 or of the author as provided in section 106A(a), or
who imports copies or phonorecords into the United States in
violation of section 602, is an infringer of the copyright or
right of the author, as the case may be. For purposes of this
chapter (other than section 506), any reference to copyright
shall be deemed to include the rights conferred by section
106A(a). As used in this subsection, the term ``anyone''
includes any State, any instrumentality of a State, and any
officer or employee of a State or instrumentality of a State
acting in his or her official capacity. Any State, and any such
instrumentality, officer, or employee, shall be subject to the
provisions of this title in the same manner and to the same
extent as any nongovernmental entity.
* * * * * * *
Sec. 511. Liability of States, instrumentalities of States, and State
officials for infringement of copyright
(a) In General.--Any State, any instrumentality of a State,
and any officer or employee of a State or instrumentality of a
State acting in his or her official capacity, shall not be
immune, under the Eleventh Amendment of the Constitution of the
United States or under any other doctrine of sovereign
immunity, from suit in Federal court by any person, including
any governmental or nongovernmental entity, for a violation of
any of the exclusive rights of a copyright owner provided by
sections [106 through 121] 106 through 122, for importing
copies of phonorecords in violation of section 602, or for any
other violation under this title.
* * * * * * *
CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS
Sec.
901. Definitions.
* * * * * * *
903. Ownership, transfer, [licensure] licensing, and recordation.
* * * * * * *
----------
SECTION 2319 OF TITLE 18, UNITED STATES CODE
Sec. 2319. Criminal infringement of a copyright
(a) * * *
* * * * * * *
(e) As used in this section--
(1) * * *
(2) the terms ``reproduction'' and ``distribution''
refer to the exclusive rights of a copyright owner
under clauses (1) and (3) respectively of section 106
(relating to exclusive rights in copyrighted works), as
limited by sections [107 through 120] 107 through 122,
of title 17.
* * * * * * *
----------
SECTION 105 OF THE ACT OF OCTOBER 19, 1976
AN ACT For the general revision of the Copyright Law, title 17 of the
United States Code, and for other purposes
Sec. 105. (a) * * *
* * * * * * *
(f) Subsection (a) of [section 290(e) of title 15] section
6 of the Standard Reference Data Act (15 U.S.C. 290e) is
amended by deleting the phrase ``section 8'' and inserting in
lieu thereof the phrase ``section 105''.
* * * * * * *
----------
SECTION 6 OF THE STANDARD REFERENCE DATA ACT
Sec. 6. (a) [Notwithstanding the limitations contained in
section 105 of title 17 of the United States Code,]
Notwithstanding the limitations under section 105 of title 17,
United States Code, the Secretary may secure copyright and
renewal thereof on behalf of the United States as author or
proprietor in all or any part of any standard reference data
which he prepares or makes available under this Act, and may
authorize the reproduction and publication thereof by others.
* * * * * * *