Home > 105th Congressional Bills > H.R. 673 (ih) To provide for the extension of surcharges on patent fees. ...H.R. 673 (ih) To provide for the extension of surcharges on patent fees. ...
Union Calendar No. 16
105th CONGRESS
1st Session
H. R. 672
[Report No. 105-25]
_______________________________________________________________________
A BILL
To make technical amendments to certain provisions of title 17, United
States Code.
_______________________________________________________________________
March 17, 1997
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. 16
105th CONGRESS
1st Session
H. R. 672
[Report No. 105-25]
To make technical amendments to certain provisions of title 17, United
States Code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 1997
Mr. Coble introduced the following bill; which was referred to the
Committee on the Judiciary
March 17, 1997
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 italic]
[For text of introduced bill, see copy of bill as introduced on
February 11, 1997]
_______________________________________________________________________
A BILL
To make technical amendments to certain 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. TECHNICAL CORRECTIONS TO THE SATELLITE HOME VIEWER ACT OF
1994.
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. 2. 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 on which the source country
of the restored work becomes an eligible country, if
that country 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--
``(A) January 1, 1996, 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--
``(A) becomes a WTO member country after the date
of the enactment of the Uruguay Round Agreements Act;
``(B) on such date of enactment is, or after such
date of enactment becomes, a member of the Berne
Convention; or
``(C) after such date of enactment becomes subject
to a proclamation under subsection (g).
For purposes of this section, a nation that is a member of the
Berne Convention on the date of the enactment of the Uruguay
Round Agreements Act shall be construed to become an eligible
country on such date of enactment.''.
SEC. 3. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANSMISSIONS.
Section 114(f) of title 17, United States Code, is amended--
(1) in paragraph (1), by inserting ``, or, if a copyright
arbitration royalty panel is convened, ending 30 days after the
Librarian issues and publishes in the Federal Register an order
adopting the determination of the copyright arbitration royalty
panel or an order setting the terms and rates (if the Librarian
rejects the panel's determination)'' after ``December 31,
2000''; and
(2) in paragraph (2), by striking ``and publish in the
Federal Register''.
SEC. 4. 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. 5. 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, by arbitration in accordance with
the provisions of chapter 8, the terms and rates and the
division of fees described in paragraph (1).''; 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. 6. REGISTRATION AND INFRINGEMENT ACTIONS.
Section 411(b)(1) of title 17, United States Code, is amended to
read as follows:
``(1) serves notice upon the infringer, not less than 48
hours before such fixation, identifying the work and the
specific time and source of its first transmission, and
declaring an intention to secure copyright in the work; and''.
SEC. 7. COPYRIGHT OFFICE FEES.
(a) Fee Increases.--Section 708(b) of title 17, United States Code,
is amended to read as follows:
``(b) In calendar year 1997 and in any subsequent calendar year,
the Register of Copyrights, by regulation, may increase the fees
specified in subsection (a) in the following manner:
``(1) The Register shall conduct a study of the costs
incurred by the Copyright Office for the registration of
claims, the recordation of documents, and the provision of
services. The study shall also consider the timing of any
increase in fees and the authority to use such fees consistent
with the budget.
``(2) The Register may, on the basis of the study under
paragraph (1), and subject to paragraph (5), increase fees to
not more than that necessary to cover the reasonable costs
incurred by the Copyright Office for the services described in
paragraph (1), plus a reasonable inflation adjustment to
account for any estimated increase in costs.
``(3) Any fee established under paragraph (2) shall be
rounded off to the nearest dollar, or for a fee less than $12,
rounded off to the nearest 50 cents.
``(4) Fees established under this subsection shall be fair
and equitable and give due consideration to the objectives of
the copyright system.
``(5) If the Register determines under paragraph (2) that
fees should be increased, the Register shall prepare a proposed
fee schedule and submit the schedule with the accompanying
economic analysis to the Congress. The fees proposed by the
Register may be instituted after the end of 120 days after the
schedule is submitted to the Congress unless, within that 120-
day period, a law is enacted stating in substance that the
Congress does not approve the schedule.''.
(b) Deposit of Fees.--Section 708(d) of such title is amended to
read as follows:
``(d)(1) Except as provided in paragraph (2), all fees received
under this section shall be deposited by the Register of Copyrights in
the Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office. Such
fees that are collected shall remain available until expended. The
Register may, in accordance with regulations that he or she shall
prescribe, refund any sum paid by mistake or in excess of the fee
required by this section.
``(2) In the case of fees deposited against future services, the
Register of Copyrights shall request the Secretary of the Treasury to
invest in interest-bearing securities in the United States Treasury any
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