[105th Congress Public Law 80]
[From the U.S. Government Printing Office]
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[DOCID: f:publ80.105]
[[Page 111 STAT. 1529]]
Public Law 105-80
105th Congress
An Act
To make technical amendments to certain provisions of title 17, United
States Code. <<NOTE: Nov. 13, 1997 - [H.R. 672]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 17 USC 119.>> 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
[[Page 111 STAT. 1530]]
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).
[[Page 111 STAT. 1531]]
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, <<NOTE: Federal
Register, publication.>> 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.''.
[[Page 111 STAT. 1532]]
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
portion of the fees that, as determined by the Register, is not required
to meet current deposit account demands. Funds from such portion of fees
shall be invested in securities that permit funds to be available to the
Copyright Office at all times if they are determined to be necessary to
meet current deposit account
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demands. Such investments shall be in public debt securities with
maturities suitable to the needs of the Copyright Office, as determined
by the Register of Copyrights, and bearing interest at rates determined
by the Secretary of the Treasury, taking into consideration current
market yields on outstanding marketable obligations of the United States
of comparable maturities.
``(3) The income on such investments shall be deposited in the
Treasury of the United States and shall be credited to the
appropriations for necessary expenses of the Copyright Office.''.
SEC. 8. COPYRIGHT ARBITRATION ROYALTY PANELS.
(a) Establishment and Purpose.--Section 801 of title 17, United
States Code, is amended--
(1) in subsection (b)(1) by striking ``and 116'' in the
first sentence and inserting ``116, and 119'';
(2) in subsection (c) by inserting after ``panel'' at the
end of the sentence the following:
``, including--
``(1) authorizing the distribution of those royalty fees
collected under sections 111, 119, and 1005 that the Librarian
has found are not subject to controversy; and
``(2) accepting or rejecting royalty claims filed under
sections 111, 119, and 1007 on the basis of timeliness or the
failure to establish the basis for a claim''; and
(3) by amending subsection (d) to read as follows:
``(d) Support and Reimbursement of Arbitration Panels.--The
Librarian of Congress, upon the recommendation of the Register of
Copyrights, shall provide the copyright arbitration royalty panels with
the necessary administrative services related to proceedings under this
chapter, and shall reimburse the arbitrators presiding in distribution
proceedings at such intervals and in such manner as the Librarian shall
provide by regulation. Each such arbitrator is an independent contractor
acting on behalf of the United States, and shall be hired pursuant to a
signed agreement between the Library of Congress and the arbitrator.
Payments to the arbitrators shall be considered reasonable costs
incurred by the Library of Congress and the Copyright Office for
purposes of section 802(h)(1).''.
(b) Proceedings.--Section 802(h) of title 17, United States Code, is
amended by amending paragraph (1) to read as follows:
``(1) Deduction of costs of library of congress and
copyright office from royalty fees.--The Librarian of Congress
and the Register of Copyrights may, to the extent not otherwise
provided under this title, deduct from royalty fees deposited or
collected under this title the reasonable costs incurred by the
Library of Congress and the Copyright Office under this chapter.
Such deduction may be made before the fees are distributed to
any copyright claimants. In addition, all funds made available
by an appropriations Act as offsetting collections and available
for deductions under this subsection shall remain available
until expended. In ratemaking proceedings, the reasonable costs
of the Librarian of Congress and the Copyright Office shall be
borne by the parties to the proceedings as directed by the
arbitration panels under subsection (c).''.
[[Page 111 STAT. 1534]]
SEC. 9. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.
Section 1007(b) of title 17, United States Code, is amended by
striking ``Within 30 days after'' in the first sentence and inserting
``After''.
SEC. 10. CONFORMING AMENDMENT.
Section 4 of the Digital Performance Right in Sound Recordings Act
of 1995 (Public Law 104-39) <<NOTE: 17 USC 115.>> is amended by
redesignating paragraph (5) as paragraph (4).
SEC. 11. DISTRIBUTION OF PHONORECORDS.
Section 303 of title 17, United States Code, is amended--
(1) by striking ``Copyright'' and inserting ``(a)
Copyright''; and
(2) by inserting at the end the following:
``(b) The distribution before January 1, 1978, of a phonorecord
shall not for any purpose constitute a publication of the musical work
embodied therein.''.
SEC. 12. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) Amendments to Title 17, United States Code.--Title 17, United
States Code, is amended as follows:
(1) The table of chapters at the beginning of title 17,
United States Code, is amended--
(A) in the item relating to chapter 6, by striking
``Requirement'' and inserting ``Requirements'';
(B) in the item relating to chapter 8, by striking
``Royalty Tribunal'' and inserting ``Arbitration Royalty
Panels'';
(C) in the item relating to chapter 9, by striking
``semiconductor chip products'' and inserting
``Semiconductor Chip Products''; and
(D) by inserting after the item relating to chapter
9 the following:
``10. Digital Audio Recording Devices and Media..................1001''.
(2) The item relating to section 117 in the table of
sections at the beginning of chapter 1 is amended to read as
follows:
``117. Limitations on exclusive rights: Computer programs.''.
(3) Section 101 is amended in the definition of to perform
or display a work ``publicly'' by striking ``processs'' and
inserting ``process''.
(4) Section 108(e) is amended by striking ``pair'' and
inserting ``fair''.
(5) Section 109(b)(2)(B) is amended by striking
``Copyright'' and inserting ``Copyrights''.
(6) Section 110 is amended--
(A) in paragraph (8) by striking the period at the
end and inserting a semicolon;
(B) in paragraph (9) by striking the period at the
end and inserting ``; and''; and
(C) in paragraph (10) by striking ``4 above'' and
inserting ``(4)''.
(7) Section 115(c)(3)(E) is amended--
(A) in clause (i) by striking ``sections 106(1) and
(3)'' each place it appears and inserting ``paragraphs
(1) and (3) of section 106''; and
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(B) in clause (ii)(II) by striking ``sections 106(1)
and 106(3)'' and inserting ``paragraphs (1) and (3) of
section 106''.
(8) Section 119(c)(1) is amended by striking ``until
unless'' and inserting ``unless''.
(9) Section 304(c) is amended in the matter preceding
paragraph (1) by striking ``the subsection (a)(1)(C)'' and
inserting ``subsection (a)(1)(C)''.
(10) Section 405(b) is amended by striking ``condition or''
and inserting ``condition for''.
(11) Section 407(d)(2) is amended by striking ``cost of''
and inserting ``cost to''.
(12) The item relating to section 504 in the table of
sections at the beginning of chapter 5 is amended by striking
``Damage'' and inserting ``Damages''.
(13) Section 504(c)(2) is amended by striking ``court it''
and inserting ``court in''.
(14) Section 509(b) is amended by striking ``merchandise;
and baggage'' and inserting ``merchandise, and baggage''.
(15) Section 601(a) is amended by striking ``nondramtic''
and inserting ``nondramatic''.
(16) Section 601(b)(1) is amended by striking
``subsustantial'' and inserting ``substantial''.
(17) The item relating to section 710 in the table of
sections at the beginning of chapter 7 is amended by striking
``Reproductions'' and inserting ``Reproduction''.
(18) The item relating to section 801 in the table of
sections at the beginning of chapter 8 is amended by striking
``establishment'' and inserting ``Establishment''.
(19) Section 801(b) is amended--
(A) by striking ``shall be--'' and inserting ``shall
be as follows:'';
(B) in paragraph (1) by striking ``to make'' and
inserting ``To make'';
(C) in paragraph (2)--
(i) by striking ``to make'' and inserting ``To
make''; and
(ii) in subparagraph (D) by striking
``adjustment; and'' and inserting ``adjustment.'';
and
(D) in paragraph (3) by striking ``to distribute''
and inserting ``To distribute''.
(20) Section 803(b) is amended in the second sentence by
striking ``subsection subsection'' and inserting ``subsection''.
(21) The item relating to section 903 in the table of
sections at the beginning of chapter 9 is amended to read as
follows:
``903. Ownership, transfer, licensure, and recordation.''.
(22) Section 909(b)(1) is amended--
(A) by striking ``force'' and inserting ``work'';
and
(B) by striking ``sumbol'' and inserting ``symbol''.
(23) Section 910(a) is amended in the second sentence by
striking ``as used'' and inserting ``As used''.
(24) Section 1006(b)(1) is amended by striking ``Federation
Television'' and inserting ``Federation of Television''.
(25) Section 1007 is amended--
[[Page 111 STAT. 1536]]
(A) in subsection (a)(1) by striking ``the calendar
year in which this chapter takes effect'' and inserting
``calendar year 1992''; and
(B) in subsection (b) by striking ``the year in
which this section takes effect'' and inserting
``1992''.
(b) Related Provisions.--
(1) Section 1(a)(1) of the Act entitled ``An Act to amend
chapter 9 of title 17, United States Code, regarding protection
extended to semiconductor chip products of foreign entities'',
approved November 9, 1987 (17 U.S.C. 914 note), is amended by
striking ``orginating'' and inserting ``originating''.
(2) Section 2319(b)(1) of title 18, United States Code, is
amended by striking ``last 10'' and inserting ``least 10''.
SEC. 13. EFFECTIVE DATES. <<NOTE: 17 USC 119 note.>>
(a) In General.--Except as provided in subsections (b) and (c), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Satellite Home Viewer Act.--The amendments made by section 1
shall be effective as if enacted as part of the Satellite Home Viewer
Act of 1994 (Public Law 103-369).
(c) Technical Amendment.--The amendment made by section 12(b)(1)
shall be effective as if enacted on November 9, 1987.
Approved November 13, 1997.
LEGISLATIVE HISTORY--H.R. 672 (S. 506):
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HOUSE REPORTS: No. 105-25 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Mar. 18, considered and passed House.
Oct. 30, considered and passed Senate, amended.
Nov. 4, House concurred in Senate amendments.
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