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H.R. 1862 (ih) To permit certain revenues of the District of Columbia to be expended [Introduced in House] ...


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                                                 Union Calendar No. 268

104th CONGRESS

  2d Session

                               H. R. 1861

                          [Report No. 104-554]

_______________________________________________________________________

                                 A BILL

To make technical corrections in the Satellite Home Viewer Act of 1994 
         and other provisions of title 17, United States Code.

_______________________________________________________________________

                              May 6, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 268
104th CONGRESS
  2d Session
                                H. R. 1861

                          [Report No. 104-554]

To make technical corrections in the Satellite Home Viewer Act of 1994 
         and other provisions of title 17, United States Code.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1995

 Mr. Moorhead introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                              May 6, 1996

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in <divide>italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               15, 1995]

_______________________________________________________________________

                                 A BILL


 
To make technical corrections in the Satellite Home Viewer Act of 1994 
         and other provisions of title 17, United States Code.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Clarifications Act of 
1996''.

SEC. 2. SATELLITE HOME VIEWER ACT.

    The Satellite Home Viewer Act of 1994 (Public Law 103-369) is 
amended as follows:
            (1) Section 2(3)(A) is amended to read as follows:
                    ``(A) in clause (i) by striking `12 cents' and 
                inserting `17.5 cents per subscriber in the case of 
                superstations that as retransmitted by the satellite 
                carrier include any program which, if delivered by any 
                cable system in the United States, would be subject to 
                the syndicated exclusivity rules of the Federal 
                Communications Commission, and 14 cents per subscriber 
                in the case of superstations that are syndex-proof as 
                defined in section 258.2 of title 37, Code of Federal 
                Regulations; and' ''.
            (2) Section 2(4) is amended to read as follows:
            ``(4) Subsection (c) is amended--
                    ``(A) in paragraph (1)--
                            ``(i) by striking `until December 31, 
                        1992,';
                            ``(ii) by striking `(2), (3) or (4)' and 
                        inserting `(2) or (3)'; and
                            ``(iii) by striking the second sentence;
                    ``(B) in paragraph (2)--
                            ``(i) in subparagraph (A) by striking `July 
                        1, 1991' and inserting `July 1, 1996'; and
                            ``(ii) in subparagraph (D) by striking 
                        `December 31, 1994' and inserting `December 31, 
                        1999, or in accordance with the terms of the 
                        agreement, whichever is later'; and
                    ``(C) in paragraph (3)--
                            ``(i) in subparagraph (A) by striking 
                        `December 31, 1991' and inserting `January 1, 
                        1997';
                            ``(ii) by amending subparagraph (B) to read 
                        as follows:
                    `(B) Establishment of royalty fees.--In determining 
                royalty fees under this paragraph, the copyright 
                arbitration royalty panel appointed under chapter 8 
                shall establish fees for the retransmission of network 
                stations and superstations that most clearly represent 
                the fair market value of secondary transmissions. In 
                determining the fair market value, the panel shall base 
                its decision on economic, competitive, and programming 
                information presented by the parties, including--
                            `(i) the competitive environment in which 
                        such programming is distributed, the cost of 
                        similar signals in similar private and 
                        compulsory license marketplaces, and any 
                        special features and conditions of the 
                        retransmission marketplace;
                            `(ii) the economic impact of such fees on 
                        copyright owners and satellite carriers; and
                            `(iii) the impact on the continued 
                        availability of secondary transmissions to the 
                        public.'; and
                            ``(iii) in subparagraph (C), by inserting 
                        `or July 1, 1997, whichever is later' after 
                        `section 802(g)'.''.
            (3) Section 2(5)(A) is amended to read as follows:
                    ``(A) in paragraph (5)(C) by striking `the date of 
                the enactment of the Satellite Home Viewer Act of 1988' 
                and inserting `November 16, 1988'; and''.

SEC. 3. COPYRIGHT IN RESTORED WORKS.

    Section 104A of title 17, United States Code, is amended as 
follows:
            (1) Subsection (d)(3)(A) is amended to read as follows:
            ``(3) Existing derivative works.--(A) In the case of a 
        derivative work that is based upon a restored work and is 
        created--
                    ``(i) before the date of the enactment of the 
                Uruguay Round Agreements Act, if the source country of 
                the restored work is an eligible country on such date, 
                or
                    ``(ii) before the date of adherence or 
                proclamation, if the source country of the restored 
                work is not an eligible country on such date of 
                enactment,a reliance party may continue to exploit that 
                derivative work for the duration of the restored 
                copyright if the reliance party pays to the owner of 
                the restored copyright reasonable compensation for 
                conduct which would be subject to a remedy for 
                infringement but for the provisions of this 
                paragraph.''.
            (2) Subsection (e)(1)(B)(ii) is amended by striking the 
        last sentence.
            (3) Subsection (h)(2) is amended to read as follows:
            ``(2) The `date of restoration' of a restored copyright is 
        the later of--
                    ``(A) January 1, 1996, the date on which the 
                Agreement on Trade-Related Aspects of Intellectual 
                Property referred to in section 101(d)(15) of the 
                Uruguay Round Agreements Act enters into force with 
                respect to the United States, if the source country of 
                the restored work is a nation adhering to the Berne 
                Convention or a WTO member country on such date, or
                    ``(B) the date of adherence or proclamation, in the 
                case of any other source country of the restored 
                work.''.
            (4) Subsection (h)(3) is amended to read as follows:
            ``(3) The term `eligible country' means a nation, other 
        than the United States, that, after the date of the enactment 
        of the Uruguay Round Agreements Act--
                    ``(A) becomes a WTO member,
                    ``(B) is or becomes a member of the Berne 
                Convention, or
                    ``(C) becomes subject to a proclamation under 
                subsection (g).''.

SEC. 4. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANSMISSIONS.

    Section 114(f) of title 17, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, or ending 30 days 
        after the Librarian issues and publishes in the Federal 
        Register an order adopting or rejecting the report of the 
        copyright arbitration royalty panel, if such panel is 
        convened'' after ``December 31, 2000''; and
            (2) in paragraph (2), by striking ``and publish in the 
        Federal Register''.

SEC. 5. ROYALTY PAYABLE UNDER COMPULSORY LICENSE.

    Section 115(c)(3)(D) of title 17, United States Code, is amended by 
striking ``and publish in the Federal Register''.

SEC. 6. NEGOTIATED LICENSE FOR JUKEBOXES.

    Section 116 of title 17, United States Code, is amended--
            (1) by amending subsection (b)(2) to read as follows:
            ``(2) Arbitration.--Parties not subject to such a 
        negotiation may determine the result of the negotiation by 
        arbitration in accordance with the provisions of chapter 8.''; 
        and
            (2) by adding at the end the following new subsection:
    ``(d) Definitions.--As used in this section, the following terms 
mean the following:
            ``(1) A `coin-operated phonorecord player' is a machine or 
        device that--
                    ``(A) is employed solely for the performance of 
                nondramatic musical works by means of phonorecords upon 
                being activated by the insertion of coins, currency, 
                tokens, or other monetary units or their equivalent;
                    ``(B) is located in an establishment making no 
                direct or indirect charge for admission;
                    ``(C) is accompanied by a list which is comprised 
                of the titles of all the musical works available for 
                performance on it, and is affixed to the phonorecord 
                player or posted in the establishment in a prominent 
                position where it can be readily examined by the 
                public; and
                    ``(D) affords a choice of works available for 
                performance and permits the choice to be made by the 
                patrons of the establishment in which it is located.
            ``(2) An `operator' is any person who, alone or jointly 
        with others--
                    ``(A) owns a coin-operated phonorecord player;
                    ``(B) has the power to make a coin-operated 
                phonorecord player available for placement in an 
                establishment for purposes of public performance; or
                    ``(C) has the power to exercise primary control 
                over the selection of the musical works made available 
                for public performance on a coin-operated phonorecord 
                player.''.

SEC. 7. LIMITATIONS ON EXCLUSIVE RIGHTS; COMPUTER PROGRAMS.

    Section 117 of title 17, United States Code, is amended as follows:
    (1) Strike ``Notwithstanding'' and insert the following:
    ``(a) Making of Additional Copy or Adaptation by Owner of Copy.--
Notwithstanding''.
    (2) Strike ``Any exact'' and insert the following:
    ``(b) Lease, Sale, or Other Transfer of Additional Copy or 
Adaptation.--Any exact''.
    (3) Add at the end the following:
    ``(c) Machine Maintenance or Repair.--Notwithstanding the 
provisions of section 106, it is not an infringement for the owner or 
lessee of a machine to make or authorize the making of a copy of a 
computer program if such copy is made solely by virtue of the 
activation of a machine that lawfully contains an authorized copy of 
the computer program, for purposes only of maintenance or repair of 
that machine, provided that--
            ``(1) such new copy is used in no other manner and is 
        destroyed immediately after the maintenance or repair is 
        completed, and
            ``(2) with respect to any computer program or part thereof 
        that is not necessary for that machine to be activated, such 
        program or part thereof is not accessed or used other than to 
        make such new copy by virtue of the activation of the machine.
    ``(d) Definitions.--For purposes of this section--
            ``(1) the term `maintenance' of a machine means servicing 
        the machine in order to make it work in accordance with its 
        original specifications and any changes to those specifications 
        authorized for that machine; and
            ``(2) the term `repair' of a machine means restoring it to 
        the state of working in accordance with its original 
        specifications and any changes to those specifications 
        authorized for that machine.''.

SEC. 8. PUBLIC BROADCASTING COMPULSORY LICENSE.

    Section 118 of title 17, United States Code, is amended as follows:
            (1) Subsection (b) is amended by striking paragraph (1) and 
        redesignating paragraphs (2) and (3) as paragraphs (1) and (2), 
        respectively.
            (2) Subsection (b)(2) (as redesignated by paragraph (1) of 
        this section) is amended by striking ``(2)'' each place it 
        appears and inserting ``(1)''.
            (3) Subsection (e) is amended to read as follows:
    ``(e)(1) Except as expressly provided in this subsection, this 
section shall not apply to works other than those specified in 
subsection (b).
    ``(2) Owners of copyright in nondramatic literary works and public 
broadcasting entities may, during the course of voluntary negotiations, 
agree among themselves, respectively, as to the terms and rates of 
royalty payments without liability under the antitrust laws. Any such 
terms and rates of royalty payments shall be effective upon being filed 
in the Copyright Office, in accordance with regulations that the 
Register of Copyrights shall prescribe.''.

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