I 

114TH CONGRESS 

1ST SESSION H. R. 4241 

To establish the United States Copyright Office as an agency in the legislative 

branch, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2015 

Mr. MARINO (for himself, Ms. JUDY CHU of California, and Mrs. COMSTOCK) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL 

To establish the United States Copyright Office as an agency 

in the legislative branch, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Copyright Office for 

5 the Digital Economy Act’’. 

6 SEC. 2. ESTABLISHMENT AND ORGANIZATION OF THE 

7 UNITED STATES COPYRIGHT OFFICE. 

8 (a) ESTABLISHMENT AND ORGANIZATION.—Section 

9 701 of title 17, United States Code, is amended to read 

10 as follows: 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•HR 4241 IH

1 ‘‘§ 701. United States Copyright Office; organization, 

2 powers, and duties 

3 ‘‘(a) ESTABLISHMENT.—The United States Copy4 right Office is established as an agency in the legislative 

5 branch. 

6 ‘‘(b) DIRECTOR AND DEPUTY DIRECTOR.— 

7 ‘‘(1) DIRECTOR.— 

8 ‘‘(A) APPOINTMENT.—The powers and du9 ties of the United States Copyright Office shall 

10 be vested in a Director of the United States 

11 Copyright Office, who shall be a citizen of the 

12 United States and shall be appointed by the 

13 President, by and with the advice and consent 

14 of the Senate. The President shall make the ap15 pointment after receiving the recommendations 

16 of the commission established under subpara17 graph (B). 

18 ‘‘(B) COMMISSION TO RECOMMEND INDI19 VIDUALS.— 

20 ‘‘(i) ESTABLISHMENT.—There is es21 tablished a commission to recommend indi22 viduals to the President for appointment to 

23 the office of Director (in this subsection 

24 referred to as the ‘commission’). The com25 mission shall recommend at least three inVerDate Sep 11 2014 21:57 Dec 14, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4241.IH H4241

srobinson on DSK5SPTVN1PROD with BILLS
3 

•HR 4241 IH

1 dividuals for appointment to such office. 

2 The commission shall be composed of— 

3 ‘‘(I) the Speaker of the House of 

4 Representatives; 

5 ‘‘(II) the President pro tempore 

6 of the Senate; 

7 ‘‘(III) the majority and minority 

8 leaders of the House of Representa9 tives and the Senate; and 

10 ‘‘(IV) the chairmen and the rank11 ing minority members of the Com12 mittee on the Judiciary of the House 

13 of Representatives and the Committee 

14 on the Judiciary of the Senate. 

15 ‘‘(ii) TIMING OF RECOMMENDA16 TIONS.—The commission shall make its 

17 recommendations to the President for Di18 rector— 

19 ‘‘(I) in the case of the first Di20 rector appointed under this para21 graph, not later than 60 days after 

22 the date of the enactment of the 

23 Copyright Office for the Digital Econ24 omy Act; and 


srobinson on DSK5SPTVN1PROD with BILLS
4 

•HR 4241 IH

1 ‘‘(II) in the case of any subse2 quent vacancy in the office of Direc3 tor, not later than 60 days after the 

4 date on which the vacancy occurs. 

5 ‘‘(iii) APPOINTMENTS WITHOUT REC6 OMMENDATIONS.—If the commission does 

7 not make its recommendations to the 

8 President within the applicable 60-day pe9 riod provided in clause (ii), the President 

10 may appoint a Director without receiving 

11 such recommendations. 

12 ‘‘(C) TERM OF OFFICE.—The term of of13 fice of the Director shall be 10 years. An indi14 vidual appointed Director under subparagraph 

15 (A) shall not be eligible for reappointment to 

16 such office. An individual may serve as Director 

17 after the expiration of the term for which the 

18 individual was appointed until a successor has 

19 been appointed. 

20 ‘‘(D) REMOVAL FROM OFFICE.—The Presi21 dent may remove the Director solely for ineffi22 ciency, neglect of duty, or malfeasance in office. 

23 ‘‘(2) DEPUTY DIRECTOR.—The Director shall 

24 appoint a Deputy Director of the United States 

25 Copyright Office, who shall be vested with the auVerDate Sep 11 2014 21:57 Dec 14, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4241.IH H4241

srobinson on DSK5SPTVN1PROD with BILLS
5 

•HR 4241 IH

1 thority to act in the capacity of the Director in the 

2 event of the absence or incapacity of the Director. 

3 Before appointing a Deputy Director, the Director 

4 shall consult with the commission. The Deputy Di5 rector shall be a citizen of the United States and 

6 shall be appointed without regard to political affili7 ation. 

8 ‘‘(3) QUALIFICATIONS.—The Director and Dep9 uty Director shall be persons who have a profes10 sional background and experience in copyright law. 

11 ‘‘(c) OTHER OFFICERS AND EMPLOYEES.—The Di12 rector shall appoint and fix the pay of such other officers, 

13 employees (including attorneys), and agents of the Office 

14 as the Director considers necessary to carry out the func15 tions of the Office, define the title, authority, and duties 

16 of such officers and employees, and delegate to them such 

17 of the powers vested in the Office as the Director may 

18 determine. The Director shall appoint officers and employ19 ees under this subsection who have responsibility for ad20 ministering technology and data systems of the Office. 

21 ‘‘(d) ADMINISTRATIVE FUNCTIONS AND DUTIES.— 

22 All administrative functions and duties under this title, 

23 except as otherwise specified, are the responsibility of the 

24 Director. 


srobinson on DSK5SPTVN1PROD with BILLS
6 

•HR 4241 IH

1 ‘‘(e) SPECIFIC POWERS AND DUTIES.—In addition to 

2 the powers and duties set forth in other provisions of this 

3 title, the Office— 

4 ‘‘(1) shall advise Congress on national and 

5 international issues relating to copyright, other mat6 ters arising under this title, and related matters; 

7 ‘‘(2) shall provide advice and assistance to the 

8 executive branch and the Judiciary on national and 

9 international issues relating to copyright, other mat10 ters arising under this title, and related matters; 

11 ‘‘(3) shall participate in meetings of inter12 national intergovernmental organizations and meet13 ings with foreign government officials, and shall 

14 serve on United States delegations, relating to copy15 right, other matters arising under this title, and re16 lated matters; 

17 ‘‘(4) shall conduct studies and programs re18 garding copyright, other matters arising under this 

19 title, and related matters, the administration of the 

20 Copyright Office, or any function vested in the 

21 Copyright Office by law, including educational pro22 grams conducted cooperatively with foreign intellec23 tual property offices and international intergovern24 mental organizations; 


srobinson on DSK5SPTVN1PROD with BILLS
7 

•HR 4241 IH

1 ‘‘(5) shall review and maintain its records and 

2 provide services in a manner that reflects applicable 

3 technological needs and developments; 

4 ‘‘(6) shall perform such other functions as Con5 gress may direct, or as may be appropriate in fur6 therance of the functions and duties specifically set 

7 forth in this title; and 

8 ‘‘(7) shall adopt a seal to be used to authen9 ticate all certified documents issued by the Copy10 right Office. 

11 ‘‘(f) ROLE AS CONGRESSIONAL ADVISOR.—No officer 

12 or agency of the United States shall have any authority 

13 to require the Director or any other officer or employee 

14 of the Copyright Office to submit legislative recommenda15 tions, or testimony or comments on legislation, to any offi16 cer or agency of the United States for approval, com17 ments, or review before the submission of such rec18 ommendations, testimony, or comments to Congress. 

19 ‘‘(g) ADDITIONAL OPERATIONAL AUTHORITIES.— 

20 The Office— 

21 ‘‘(1) may acquire, construct, purchase, lease, 

22 hold, manage, operate, improve, alter, and renovate 

23 any real, personal, or mixed property, or any interest 

24 therein, as it considers necessary to carry out its 

25 functions; 


srobinson on DSK5SPTVN1PROD with BILLS
8 

•HR 4241 IH

1 ‘‘(2) may make such purchases, contracts for 

2 the construction, maintenance, or management and 

3 operation of facilities, and contracts for supplies or 

4 services, including information technology, as it con5 siders necessary to carry out the functions of the Of6 fice, without regard to the provisions of subtitle I 

7 and chapter 33 of title 40, division C (except sec8 tions 3302, 3501(b), 3509, 3906, 4710, and 4711) 

9 of subtitle I of title 41, and the McKinney-Vento 

10 Homeless Assistance Act (42 U.S.C. 11301 et seq.); 

11 ‘‘(3) may enter into and perform such pur12 chases and contracts for printing services, including 

13 the processes of composition, platemaking, press14 work, silk screen processes, binding, and microform, 

15 and the products of such processes, as it considers 

16 necessary to carry out the functions of the Office, 

17 without regard to sections 501 through 517 and 

18 1101 through 1123 of title 44; 

19 ‘‘(4) may use, with their consent, services, 

20 equipment, personnel, and facilities of other depart21 ments, agencies, and instrumentalities of the Fed22 eral Government, on a reimbursable basis; and 

23 ‘‘(5) may retain and use, to carry out the func24 tions of the Office, all of its revenues and receipts, 

25 including revenues from the sale, lease, or disposal 


srobinson on DSK5SPTVN1PROD with BILLS
9 

•HR 4241 IH

1 of any real, personal, or mixed property, or any in2 terest therein, of the Office. 

3 ‘‘(h) ANNUAL REPORT.—The Director shall, not later 

4 than 180 days after the end of each fiscal year, make and 

5 publish an annual report of the work and accomplishments 

6 of the Copyright Office for that fiscal year.’’. 

7 (b) DIRECTOR DEFINED.—Section 101 of title 17, 

8 United States Code, is amended— 

9 (1) by inserting after the definition of ‘‘digital 

10 transmission’’ the following: 

11 ‘‘The term ‘Director’ means the Director of the 

12 United States Copyright Office.’’; and 

13 (2) by inserting after the definition of ‘‘copies’’ 

14 the following: 

15 ‘‘The terms ‘Copyright Office’ and ‘Office’ 

16 mean the United States Copyright Office.’’. 

17 SEC. 3. MODERNIZING COPYRIGHT REGISTRATION. 

18 (a) REGISTRATION IN GENERAL.—Section 408 of 

19 title 17, United States Code, is amended— 

20 (1) in subsection (a), by striking ‘‘the deposit 

21 specified by this section’’ and inserting ‘‘any exam22 ination copies required by regulations issued under 

23 this section’’; 

24 (2) by amending subsection (b) to read as fol25 lows: 


srobinson on DSK5SPTVN1PROD with BILLS
10 

•HR 4241 IH

1 ‘‘(b) EXAMINATION COPIES FOR COPYRIGHT REG2 ISTRATION.— 

3 ‘‘(1) The Director shall issue regulations speci4 fying the form, quality, and content of examination 

5 copies of works to be submitted under subsection 

6 (a). Such regulations shall include provisions gov7 erning the retention and disposition of examination 

8 copies, and may, in the Director’s discretion, include 

9 appropriate administrative classifications, group reg10 istration practices, and other provisions that both fa11 cilitate registration and establish a meaningful pub12 lic record. The administrative classification of works 

13 has no significance with respect to the subject mat14 ter of copyright or the exclusive rights provided by 

15 this title. 

16 ‘‘(2) Pursuant to regulations issued by the Di17 rector upon consultation with the Librarian of Con18 gress, the Director shall provide the Library of Con19 gress access to examination copies and related data 

20 solely for the Library’s determination of whether to 

21 demand a deposit under section 407 or to otherwise 

22 engage with copyright owners regarding works of au23 thorship that may be of curatorial and collection in24 terest to the national library. The Director shall con25 sult with the Librarian of Congress, as the Director 


srobinson on DSK5SPTVN1PROD with BILLS
11 

•HR 4241 IH

1 considers appropriate, on other matters of common 

2 interest.’’; 

3 (3) by striking subsection (c) and redesignating 

4 subsections (d), (e), and (f) as subsections (c), (d), 

5 and (e), respectively; and 

6 (4) in subsection (e)(3)(B), as redesignated, by 

7 striking ‘‘a deposit’’ and inserting ‘‘an examination 

8 copy’’. 

9 (b) RETENTION AND DISPOSITION OF ARTICLES DE10 POSITED IN COPYRIGHT OFFICE.—Section 704 of title 17, 

11 United States Code, is amended— 

12 (1) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) In the case of published works deposited pursu15 ant to section 407, all copies, phonorecords, and identi16 fying material deposited are available to the Library of 

17 Congress for its collections, or for exchange or transfer 

18 to any other library according to regulations issued by the 

19 Director that prescribe the period of retention and applica20 ble conditions.’’; and 

21 (2) by striking subsections (c) and (d) and re22 designating subsection (e) as subsection (c). 


srobinson on DSK5SPTVN1PROD with BILLS
12 

•HR 4241 IH

1 SEC. 4. PAY OF DIRECTOR, DEPUTY DIRECTOR, AND ASSO2 CIATE DIRECTORS. 

3 (a) PAY OF DIRECTOR.—Section 5314 of title 5, 

4 United States Code, is amended by striking ‘‘Register of 

5 Copyrights’’ and inserting ‘‘Director of the United States 

6 Copyright Office’’. 

7 (b) PAY OF DEPUTY DIRECTOR.—Section 5315 of 

8 title 5, United States Code, is amended by adding at the 

9 end the following: 

10 ‘‘Deputy Director of the United States Copy11 right Office.’’. 

12 SEC. 5. COPYRIGHT ADVISORY BOARD. 

13 (a) ESTABLISHMENT AND FUNCTIONS.—Chapter 7 

14 of title 17, United States Code, is amended by adding at 

15 the end the following new section: 

16 ‘‘§ 710. Copyright Advisory Board 

17 ‘‘(a) ESTABLISHMENT.—The Director shall establish 

18 a Copyright Advisory Board to advise and consult with 

19 the Copyright Office in the exercise of its functions under 

20 the copyright laws, and to provide information on emerg21 ing practices regarding copyright, including technology 

22 practices. 

23 ‘‘(b) MEMBERSHIP.—The Director shall appoint the 

24 Copyright Advisory Board. In doing so, the Director shall 

25 seek to assemble experts in copyright law and practice, 

26 including authors, licensees, licensing organizations, public 


srobinson on DSK5SPTVN1PROD with BILLS
13 

•HR 4241 IH

1 interest organizations, nonprofit organizations, and tech2 nology providers. 

3 ‘‘(c) MEETINGS.—The Copyright Advisory Board 

4 shall meet from time to time at the call of the Director, 

5 but, at a minimum, shall meet at least twice in each year. 

6 ‘‘(d) COMPENSATION AND TRAVEL EXPENSES.— 

7 Members of the Copyright Advisory Board shall not re8 ceive compensation by reason of their service on the Advi9 sory Board, but shall be allowed travel expenses, including 

10 per diem in lieu of subsistence, under subchapter I of 

11 chapter 57 of title 5. 

12 ‘‘(e) FEDERAL ADVISORY COMMITTEE ACT.—The 

13 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

14 apply to the Copyright Advisory Board.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 7 of title 17, United States Code, is 

17 amended by adding at the end the following: 

‘‘709. Copyright Advisory Board.’’. 

18 SEC. 6. TRANSFER OF ADMINISTRATIVE FUNCTIONS. 

19 (a) INTERIM ADMINISTRATIVE SUPPORT BY THE LI20 BRARY OF CONGRESS.— 

21 (1) IN GENERAL.— 

22 (A) SUPPORT BY LIBRARIAN OF CON23 GRESS.—Until such time as the first Director 

24 of the United States Copyright Office is ap25 pointed under section 701 of title 17, United 


srobinson on DSK5SPTVN1PROD with BILLS
14 

•HR 4241 IH

1 States Code, as amended by section 2(a) of this 

2 Act, the Librarian of Congress shall continue to 

3 perform, on and after the effective date of this 

4 Act, any administrative functions the Librarian 

5 performs, on the day before such effective date, 

6 for or to the benefit of the Copyright Office (in7 cluding the Copyright Royalty Judges). 

8 (B) TRANSFER OF ADMINISTRATIVE FUNC9 TIONS.—On the date on which the first Direc10 tor of the United States Copyright Office is ap11 pointed under section 701 of title 17, United 

12 States Code, the administrative functions de13 scribed in subparagraph (A) shall be trans14 ferred to the Director. 

15 (2) COOPERATION OF LIBRARY.—The Librarian 

16 of Congress shall ensure the full cooperation of the 

17 Library of Congress with the Director and facilitate 

18 access to any records or other information the Direc19 tor requests for purposes of carrying out the trans20 fer of administrative functions to the Director. 

21 (b) LEASING OF SPACE BY GSA FOR THE UNITED

22 STATES COPYRIGHT OFFICE.— 

23 (1) IN GENERAL.—Subject to the availability of 

24 funds, the Administrator of the General Services Ad25 ministration may acquire real property by lease for 


srobinson on DSK5SPTVN1PROD with BILLS
15 

•HR 4241 IH

1 the use of the United States Copyright Office in the 

2 District of Columbia. 

3 (2) LIMITATION.—No obligation entered into 

4 pursuant to the authority of this subsection shall be 

5 in advance of, or in excess of, available appropria6 tions. 

7 (c) STATUS REPORT.—Not later than 18 months 

8 after the date of the appointment of the first Director 

9 under section 701 of title 17, United States Code, the Di10 rector shall submit to Congress the following: 

11 (1) A status report regarding the transfer of 

12 administrative functions under this section and mod13 ernization objectives of the Copyright Office, includ14 ing improvements to staffing, fee schedules, tech15 nology, and services. 

16 (2) Recommendations for additional amend17 ments to title 17, United States Code, that are nec18 essary by reason of the enactment of this Act or to 

19 assist the Copyright Office in its modernization ef20 forts. 

21 (3) Such other recommendations that the Di22 rector considers appropriate. 

23 (d) DEFINITION.—For purposes of this section, the 

24 term ‘‘administrative functions’’ includes, but is not lim25 ited to, any operational support, information technology, 


srobinson on DSK5SPTVN1PROD with BILLS
16 

•HR 4241 IH

1 physical space, and any other support services that the 

2 Library of Congress was providing to the Copyright Office 

3 as of the day before the effective date of this Act. 

4 SEC. 7. STUDY OF MANDATORY DEPOSIT. 

5 (a) IN GENERAL.—The Director of the United States 

6 Copyright Office shall conduct a study on the future ad7 ministration of mandatory deposit provisions in section 

8 407 of title 17, United States Code. Such study shall cover 

9 the following: 

10 (1) The history of the mandatory deposit provi11 sions and their application to the digital era. 

12 (2) The Library’s preferences regarding format 

13 or quality when seeking deposits that are appro14 priate to preservation efforts. 

15 (3) The concerns of copyright owners relating 

16 to the Library’s retention of works, copying of works 

17 for preservation purposes, and copying or sharing 

18 required to make such works, including digital 

19 works, available to Library patrons or the public at 

20 large. 

21 (4) Observations regarding the legal and admin22 istrative conditions under which the Copyright Office 

23 may transfer to the Library the responsibility for 

24 administering such section 407. 


srobinson on DSK5SPTVN1PROD with BILLS
17 

•HR 4241 IH

1 (5) Relevant experience from foreign countries 

2 that have adopted similar or analogous regimes for 

3 the benefit of their national libraries, archives, or 

4 other institutions. 

5 (6) Such recommendations, including rec6 ommendations for statutory changes, that the Direc7 tor considers appropriate. 

8 (b) SUBMISSION OF REPORT TO CONGRESS.—The 

9 Director of the United States Copyright Office shall, not 

10 later than 1 year after the date of the enactment of this 

11 Act, submit to Congress a report on the results of the 

12 study conducted under subsection (a). The Director shall 

13 also publish the report on the website of the Copyright 

14 Office. 

15 (c) PUBLIC COMMENT PERIOD.—In conducting the 

16 study under subsection (a), the Director of the United 

17 States Copyright Office shall provide an opportunity for 

18 the submission of public comments on the subject matter 

19 of the study, and shall publish with the study the re20 sponses of the Director to those comments. 

21 SEC. 8. TECHNOLOGY STUDIES. 

22 The Director of the United States Copyright Office 

23 shall periodically conduct studies of the information tech24 nology and operations of the United States Copyright Of25 fice in order to ensure that the Office has the technology 


srobinson on DSK5SPTVN1PROD with BILLS
18 

•HR 4241 IH

1 and staff necessary to establish and maintain a modern 

2 copyright system. Such studies shall— 

3 (1) evaluate the effectiveness of current tech4 nologies and staff in meeting the needs of the copy5 right community, including internal and external 

6 users; and 

7 (2) analyze potential improvements in tech8 nologies and staff to meet those needs. 

9 SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS. 

10 (a) AMENDMENTS TO TITLE 17, UNITED STATES

11 CODE.— 

12 (1) Section 111(d) of title 17, United States 

13 Code, is amended by striking ‘‘Librarian of Con14 gress’’ each place it appears and inserting ‘‘Direc15 tor’’. 

16 (2) Section 119(b) of title 17, United States 

17 Code, is amended by striking ‘‘Librarian of Con18 gress’’ each place it appears and inserting ‘‘Direc19 tor’’. 

20 (3) Section 410(d) of title 17, United States 

21 Code, is amended by striking ‘‘deposit’’ and insert22 ing ‘‘examination copy’’. 

23 (4) Section 411(a) of title 17, United States 

24 Code, is amended by striking ‘‘deposit’’ and insert25 ing ‘‘examination copy’’. 


srobinson on DSK5SPTVN1PROD with BILLS
19 

•HR 4241 IH

1 (5) Section 702 of title 17, United States Code, 

2 is amended by striking ‘‘All regulations established 

3 by the Register under this title are subject to the 

4 approval of the Librarian of Congress.’’. 

5 (6) Section 704(d) of title 17, United States 

6 Code, is amended by striking ‘‘deposit’’ and insert7 ing ‘‘examination copy’’. 

8 (7) Section 705 of title 17, United States Code, 

9 is amended by striking ‘‘deposits’’ each place it ap10 pears and inserting ‘‘examination copies’’. 

11 (8) Section 709 of title 17, United States Code, 

12 is amended by striking ‘‘deposit’’ and inserting ‘‘ex13 amination copy’’. 

14 (9) Section 801 of title 17, United States Code, 

15 is amended— 

16 (A) in subsection (a)— 

17 (i) in the first sentence, by striking 

18 ‘‘Librarian of Congress’’ and inserting 

19 ‘‘Director’’; and 

20 (ii) by striking the second sentence; 

21 (B) in subsection (b)(8), by striking ‘‘Reg22 ister of Copyrights within the Library of Con23 gress’’ and inserting ‘‘Director’’; 

24 (C) in subsection (d), by striking ‘‘Librar25 ian of Congress’’ and inserting ‘‘Director’’; and 


srobinson on DSK5SPTVN1PROD with BILLS
20 

•HR 4241 IH

1 (D) by striking subsection (e) and redesig2 nating subsection (f) as subsection (e). 

3 (10) Section 802 of title 17, United States 

4 Code, is amended— 

5 (A) by striking ‘‘Librarian of Congress’’ 

6 and ‘‘Librarian’’ each place it appears and in7 serting ‘‘Director’’; and 

8 (B) in subsection (i), by striking ‘‘Librar9 ian of Congress’’ and ‘‘Librarian’’ each place it 

10 appears and inserting ‘‘Director’’. 

11 (11) Section 803 of title 17, United States 

12 Code, is amended— 

13 (A) in subsection (a), by striking ‘‘Librar14 ian of Congress’’ the first place it appears and 

15 inserting ‘‘Director’’; 

16 (B) in subsection (b)(6)(A), by striking 

17 ‘‘Librarian of Congress’’ and inserting ‘‘Direc18 tor’’; 

19 (C) in subsection (c)(6), by striking ‘‘Li20 brarian of Congress’’ or ‘‘Librarian’’ in each 

21 place it appears and inserting ‘‘Director’’; and 

22 (D) in subsection (e)(1), by striking ‘‘Li23 brarian of Congress’’ each place it appears and 

24 inserting ‘‘Director’’. 


srobinson on DSK5SPTVN1PROD with BILLS
21 

•HR 4241 IH

1 (12) Section 1201(a)(1) of title 17, United 

2 States Code, is amended— 

3 (A) in subparagraph (C)— 

4 (i) in the first sentence, by striking 

5 ‘‘the Librarian of Congress, upon the rec6 ommendation of the Register of Copy7 rights, who shall consult with the Assistant 

8 Secretary for Communications and Infor9 mation of the Department of Commerce 

10 and report and comment on his or her 

11 views in making such recommendation’’ 

12 and inserting ‘‘the Director, after con13 sulting with the Assistant Secretary for 

14 Communications and Information of the 

15 Department of Commerce’’; and 

16 (ii) in the second sentence, by striking 

17 ‘‘Librarian’’ each place it appears and in18 serting ‘‘Director’’; and 

19 (B) in subparagraph (D), by striking ‘‘Li20 brarian’’ each place it appears and inserting 

21 ‘‘Director’’. 

22 (13) Title 17, United States Code, is amended 

23 by striking ‘‘Register of Copyrights’’ or ‘‘Register’’ 

24 (except when used in the term ‘‘Federal Register’’) 

25 each place it appears and inserting ‘‘Director’’. 


srobinson on DSK5SPTVN1PROD with BILLS
22 

•HR 4241 IH

1 (14) The item relating to chapter 7 in the table 

2 of chapters for title 17, United States Code, is 

3 amended to read as follows: 

‘‘7. United States Copyright Office ........................................... 701’’. 

4 (15) The heading for chapter 7 of title 17, 

5 United States Code, is amended to read as follows: 

6 ‘‘CHAPTER 7—UNITED STATES COPYRIGHT 

7 OFFICE’’. 

8 (16) The item relating to section 701 in the 

9 table of contents for chapter 7 of title 17, United 

10 States Code, is amended to read as follows: 

‘‘701. United States Copyright Office; organization, powers, and duties.’’. 

11 (b) OTHER PROVISIONS OF LAW.— 

12 (1) Section 301(b)(3)(A)(ii) of the Prioritizing 

13 Resources and Organization for Intellectual Property 

14 Act of 2008 (15 U.S.C. 8111(b)(3)(A)(ii)) is amend15 ed— 

16 (A) by striking ‘‘Register of Copyrights’’ 

17 the first place it appears and inserting ‘‘Direc18 tor of the United States Copyright Office’’; and 

19 (B) by striking ‘‘Register of Copyrights’’ 

20 the second place it appears and inserting ‘‘Di21 rector’’. 

22 (2) Section 2 of title 35, United States Code, 

23 is amended by striking ‘‘Register of Copyrights’’ 


srobinson on DSK5SPTVN1PROD with BILLS
23 

•HR 4241 IH

1 each place it appears and inserting ‘‘Director of the 

2 United States Copyright Office’’. 

3 SEC. 10. EFFECTIVE DATE; TRANSITIONAL PROVISIONS. 

4 (a) EFFECTIVE DATE.—This Act and the amend5 ments made by this Act shall take effect upon the expira6 tion of the 90-day period beginning on the date of the en7 actment of this Act, except that the provisions of section 

8 701 of title 17, United States Code, as amended by section 

9 2(a) of this Act, shall take effect on the date of the enact10 ment of this Act. 

11 (b) CONTINUATION IN OFFICE OF CERTAIN OFFI12 CERS.— 

13 (1) REGISTER OF COPYRIGHTS.—An individual 

14 serving as the Register of Copyrights on the day be15 fore the date of the enactment of this Act may serve, 

16 on and after that date, as the interim Director of 

17 the United States Copyright Office until a Director 

18 of the United States Copyright Office has been ap19 pointed under section 701 of title 17, United States 

20 Code, as amended by section 2(a) of this Act. 

21 (2) COPYRIGHT ROYALTY JUDGES.—An indi22 vidual serving as a Copyright Royalty Judge on the 

23 day before the effective date of this Act may con24 tinue to serve in that role until the date on which 

25 a Copyright Royalty Judge to replace such indiVerDate Sep 11 2014 21:57 Dec 14, 2015 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4241.IH H4241

srobinson on DSK5SPTVN1PROD with BILLS
24 

•HR 4241 IH

1 vidual is appointed under section 801 of title 17, 

2 United States Code. 

3 (c) CARRYOVER OF PERSONNEL.—Effective on the 

4 effective date under subsection (a), all employees of the 

5 Library of Congress serving in the Copyright Office on 

6 the day before such effective date shall become employees 

7 of the United States Copyright Office, without a break in 

8 service. 

9 (d) TRANSFER OF ASSETS.—Except as otherwise 

10 provided in this Act, so much of the personnel, property, 

11 records, and unexpended balances of appropriations, allo12 cations, and other funds employed, used, held, available, 

13 or to be made available in connection with a function that 

14 this Act vests in the United States Copyright Office shall 

15 be available and transferred to the Director. 

16 SEC. 11. MISCELLANEOUS PROVISIONS. 

17 (a) REFERENCES.—Any reference to the Register of 

18 Copyrights in any other Federal law, Executive order, 

19 rule, regulation, or delegation of authority, or any docu20 ment of or pertaining to the Copyright Office, shall be 

21 deemed to refer to the Director of the United States Copy22 right Office. 

23 (b) LEGAL DOCUMENTS.—All orders, determinations, 

24 rules, regulations, permits, grants, loans, contracts, agree25 ments, certificates, licenses, and privileges related to a 


srobinson on DSK5SPTVN1PROD with BILLS
25 

•HR 4241 IH

1 function that is vested in the Copyright Office and that 

2 are in effect on the effective date of this Act (or become 

3 effective after such date pursuant to their terms as in ef4 fect on such effective date), shall continue in effect accord5 ing to their terms until modified, terminated, superseded, 

6 set aside, or revoked in accordance with law. 

7 (c) PROCEEDINGS.—This Act shall not affect any 

8 proceedings or any applications for any benefits, service, 

9 license, permit, or certificate pending on the effective date 

10 of this Act before the Copyright Office or the Copyright 

11 Royalty Judges, but such proceedings and requests shall 

12 be continued. Orders and determinations shall be issued 

13 in such proceedings, appeals shall be taken therefrom, and 

14 actions shall be taken pursuant to such orders and deter15 minations, as if this Act had not been enacted, and orders 

16 and determinations issued in any such proceeding shall 

17 continue in effect until modified, terminated, superseded, 

18 or revoked by a duly authorized official, by a court of com19 petent jurisdiction, or by operation of law. Nothing in this 

20 subsection shall be considered to prohibit the discontinu21 ance or modification of any such proceeding under the 

22 same terms and conditions and to the same extent that 

23 such proceeding could have been discontinued or modified 

24 if this subtitle had not been enacted. 


srobinson on DSK5SPTVN1PROD with BILLS
26 

•HR 4241 IH

1 (d) SUITS.—This Act shall not affect suits com2 menced before the effective date of this Act, and in all 

3 such suits, proceedings shall be had, appeals taken, and 

4 judgments rendered in the same manner and with the 

5 same effect as if this Act had not been enacted. 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS