II

Calendar No. 196

106TH CONGRESS

1ST SESSION S. 1260

To make technical corrections in title 17, United States Code, and other

laws.

IN THE SENATE OF THE UNITED STATES

JUNE 22, 1999

Mr. HATCH (for himself and Mr. LEAHY) introduced the following bill; which

was read twice and referred to the Committee on the Judiciary

JULY 1, 1999

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To make technical corrections in title 17, United States

Code, and other laws.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17,

4 UNITED STATES CODE.

5 (a) EXEMPTION OF CERTAIN PERFORMANCES AND

6 DISPLAYS ON EXCLUSIVE RIGHTS.—Section 110(5) of

7 title 17, United States Code, is amended—
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1 (1) by striking ‘‘(A) a direct charge’’ and in2 serting ‘‘(i) a direct charge’’; and

3 (2) by striking ‘‘(B) the transmission’’ and in4 serting ‘‘(ii) the transmission’’.

5 (b) EPHEMERAL RECORDINGS.—Section 112(e) of

6 title 17, United States Code, is amended—

7 (1) by redesignating paragraphs (3) through

8 (10) as paragraphs (2) through (9), respectively;

9 (2) in paragraph (3), as so redesignated, by

10 striking ‘‘(2)’’ and inserting ‘‘(1)’’;

11 (3) in paragraph (4), as so redesignated—

12 (A) by striking ‘‘(3)’’ and inserting ‘‘(2)’’;

13 (B) by striking ‘‘(4)’’ and inserting ‘‘(3)’’;

14 (C) by striking ‘‘(6)’’ and inserting ‘‘(5)’’;

15 and

16 (D) by striking ‘‘(3) and (4)’’ and insert17 ing ‘‘(2) and (3)’’; and

18 (4) in paragraph (6), as so redesignated—

19 (A) by striking ‘‘(4)’’ each place it appears

20 and inserting ‘‘(3)’’; and

21 (B) by striking ‘‘(5)’’ each place it appears

22 and inserting ‘‘(4)’’.

23 (c) DETERMINATION OF REASONABLE LICENSE

24 FEES FOR INDIVIDUAL PROPRIETORS.—Chapter 5 of title

25 17, United States Code, is amended—
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1 (1) by redesignating the section 512 entitled

2 ‘‘Determination of reasonable license fees

3 for individual proprietors’’ as section 513

4 and placing such section after the section 512 enti5 tled ‘‘Limitations on liability relating to

6 material online’’; and

7 (2) in the table of sections at the beginning of

8 that chapter by striking

‘‘512. Determination of reasonable license fees for individual proprietors.’’

9 and inserting

‘‘513. Determination of reasonable license fees for individual proprietors.’’

10 and placing that item after the item entitled

‘‘512. Limitations on liability relating to material online.’’.

11 (d) ONLINE COPYRIGHT INFRINGEMENT LIABIL12 ITY.—Section 512 of title 17, United States Code, is

13 amended—

14 (1) in subsection (e)—

15 (A) by amending the caption to read as

16 follows:

17 ‘‘(e) LIMITATION ON LIABILITY OF NONPROFIT EDU18 CATIONAL INSTITUTIONS.—’’; and

19 (B) in paragraph (2), by striking ‘‘IN20 JUNCTIONS.—’’; and

21 (2) in paragraph (3) of subsection (j), by

22 amending the caption to read as follows:

23 ‘‘(3) NOTICE AND EX PARTE ORDERS.—’’.
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1 (e) INTEGRITY OF COPYRIGHT MANAGEMENT INFOR2 MATION.—Section 1202(e)(2)(B) of title 17, United

3 States Code, is amended by striking ‘‘category or works’’

4 and inserting ‘‘category of works’’.

5 (f) PROTECTION OF DESIGNS.—(1) Section 1302(5)

6 of title 17, United States Code, is amended by striking

7 ‘‘1 year’’ and inserting ‘‘2 years’’.

8 (2) Section 1320(c) of title 17, United States Code,

9 is amended in the subsection caption by striking ‘‘AC10 KNOWLEDGEMENT’’ and inserting ‘‘ACKNOWLEDGMENT’’.

11 SEC. 2. OTHER TECHNICAL CORRECTIONS.

12 (a) CLERICAL AMENDMENT TO TITLE 28, U.S.C.—

13 The section heading for section 1400 of title 28, United

14 States Code, is amended to read as follows:

15 ‘‘§ 1400. Patents and copyrights, mask works, and de16 signs’’.

17 (b) ELIMINATION OF CONFLICTING PROVISION.—

18 Section 5316 of title 5, United States Code, is amended

19 by striking ‘‘Commissioner of Patents, Department of

20 Commerce.’’.

21 (c) CLERICAL CORRECTION TO TITLE 35, U.S.C.—

22 Section 3(d) of title 35, United States Code, is amended

23 by striking ‘‘, United States Code’’.
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1 SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17,

2 UNITED STATES CODE.

3 (a) EXEMPTION OF CERTAIN PERFORMANCES AND

4 DISPLAYS ON EXCLUSIVE RIGHTS.—Section 110(5) of title

5 17, United States Code, is amended—

6 (1) by striking ‘‘(A) a direct charge’’ and insert7 ing ‘‘(i) a direct charge’’; and

8 (2) by striking ‘‘(B) the transmission’’ and in9 serting ‘‘(ii) the transmission’’.

10 (b) EPHEMERAL RECORDINGS.—Section 112(e) of title

11 17, United States Code, is amended—

12 (1) by redesignating paragraphs (3) through (10)

13 as paragraphs (2) through (9), respectively;

14 (2) in paragraph (3), as so redesignated, by

15 striking ‘‘(2)’’ and inserting ‘‘(1)’’;

16 (3) in paragraph (4), as so redesignated—

17 (A) by striking ‘‘(3)’’ and inserting ‘‘(2)’’;

18 (B) by striking ‘‘(4)’’ and inserting ‘‘(3)’’;

19 (C) by striking ‘‘(6)’’ and inserting ‘‘(5)’’;

20 and

21 (D) by striking ‘‘(3) and (4)’’ and inserting

22 ‘‘(2) and (3)’’; and

23 (4) in paragraph (6), as so redesignated—

24 (A) by striking ‘‘(4)’’ each place it appears

25 and inserting ‘‘(3)’’; and
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1 (B) by striking ‘‘(5)’’ each place it appears

2 and inserting ‘‘(4)’’.

3 (c) DETERMINATION OF REASONABLE LICENSE FEES

4 FOR INDIVIDUAL PROPRIETORS.—Chapter 5 of title 17,

5 United States Code, is amended—

6 (1) by redesignating the section 512 entitled

7 ‘‘Determination of reasonable license fees

8 for individual proprietors’’ as section 513 and

9 placing such section after the section 512 entitled

10 ‘‘Limitations on liability relating to mate11 rial online’’; and

12 (2) in the table of sections at the beginning of

13 that chapter by striking

‘‘512. Determination of reasonable license fees for individual proprietors.’’

14 and inserting

‘‘513. Determination of reasonable license fees for individual proprietors.’’

15 and placing that item after the item entitled

‘‘512. Limitations on liability relating to material online.’’.

16 (d) ONLINE COPYRIGHT INFRINGEMENT LIABILITY.—

17 Section 512 of title 17, United States Code, is amended—

18 (1) in subsection (e)—

19 (A) by amending the caption to read as fol20 lows:

21 ‘‘(e) LIMITATION ON LIABILITY OF NONPROFIT EDU22 CATIONAL INSTITUTIONS.—’’; and
7

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1 (B) in paragraph (2), by striking ‘‘INJUNC2 TIONS.—’’; and

3 (2) in paragraph (3) of subsection (j), by amend4 ing the caption to read as follows:

5 ‘‘(3) NOTICE AND EX PARTE ORDERS.—’’.

6 (e) INTEGRITY OF COPYRIGHT MANAGEMENT INFOR7 MATION.—Section 1202(e)(2)(B) of title 17, United States

8 Code, is amended by striking ‘‘category or works’’ and in9 serting ‘‘category of works’’.

10 (f) PROTECTION OF DESIGNS.—(1) Section 1302(5) of

11 title 17, United States Code, is amended by striking ‘‘1

12 year’’ and inserting ‘‘2 years’’.

13 (2) Section 1320(c) of title 17, United States Code, is

14 amended in the subsection caption by striking ‘‘ACKNOWL15 EDGEMENT’’ and inserting ‘‘ACKNOWLEDGMENT’’.

16 (g) MISCELLANEOUS CLERICAL AMENDMENTS.—

17 (1) Section 101 of title 17, United States Code,

18 is amended—

19 (A) by transferring and inserting the defini20 tion of ‘‘United States work’’ after the definition

21 of ‘‘United States’’; and

22 (B) in the definition of ‘‘proprietor’’, by

23 striking ‘‘A ‘proprietor’ ’’ and inserting ‘‘For

24 purposes of section 513, a ‘proprietor’ ’’.
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1 (2) Section 106 of title 17, United States Code,

2 is amended by striking ‘‘120’’ and inserting ‘‘121’’.

3 (3) Section 118(e) of title 17, United States

4 Code, is amended—

5 (A) by striking ‘‘subsection (b).’’ and all

6 that follows through ‘‘Owners’’ and inserting

7 ‘‘subsection (b). Owners’’; and

8 (B) by striking paragraph (2).

9 (4) Section 119(a)(8)(C)(ii) of title 17, United

10 States Code, is amended by striking ‘‘network’s sta11 tion’’ and inserting ‘‘network station’s’’.

12 (5) Section 501(a) of title 17, United States

13 Code, is amended by striking ‘‘118’’ and inserting

14 ‘‘121’’.

15 (6) Section 511(a) of title 17, United States

16 Code, is amended by striking ‘‘119’’ and inserting

17 ‘‘121’’.

18 SEC. 2. OTHER TECHNICAL CORRECTIONS.

19 (a) CLERICAL AMENDMENT TO TITLE 28, U.S.C.—The

20 section heading for section 1400 of title 28, United States

21 Code, is amended to read as follows:

22 ‘‘§ 1400. Patents and copyrights, mask works, and de23 signs’’.

24 (b) ELIMINATION OF CONFLICTING PROVISION.—Sec25 tion 5316 of title 5, United States Code, is amended by
9

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1 striking ‘‘Commissioner of Patents, Department of Com2 merce.’’.

3 (c) CLERICAL CORRECTION TO TITLE 35, U.S.C.—Sec4 tion 3(d) of title 35, United States Code, is amended by

5 striking ‘‘, United States Code’’.
Calendar No. 196

106TH CONGRESS

1ST SESSION S. 1260

A BILL

To make technical corrections in title 17, United

States Code, and other laws.

JULY 1, 1999

Reported with an amendment