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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4241 Introduced in House (IH)]

<DOC>

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.

    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 Office for the Digital 
Economy Act''.

SEC. 2. ESTABLISHMENT AND ORGANIZATION OF THE UNITED STATES COPYRIGHT 
              OFFICE.

    (a) Establishment and Organization.--Section 701 of title 17, 
United States Code, is amended to read as follows:
``Sec. 701. United States Copyright Office; organization, powers, and 
              duties
    ``(a) Establishment.--The United States Copyright Office is 
established as an agency in the legislative branch.
    ``(b) Director and Deputy Director.--
            ``(1) Director.--
                    ``(A) Appointment.--The powers and duties of the 
                United States Copyright Office shall be vested in a 
                Director of the United States Copyright Office, who 
                shall be a citizen of the United States and shall be 
                appointed by the President, by and with the advice and 
                consent of the Senate. The President shall make the 
                appointment after receiving the recommendations of the 
                commission established under subparagraph (B).
                    ``(B) Commission to recommend individuals.--
                            ``(i) Establishment.--There is established 
                        a commission to recommend individuals to the 
                        President for appointment to the office of 
                        Director (in this subsection referred to as the 
                        `commission'). The commission shall recommend 
                        at least three individuals for appointment to 
                        such office. The commission shall be composed 
                        of--
                                    ``(I) the Speaker of the House of 
                                Representatives;
                                    ``(II) the President pro tempore of 
                                the Senate;
                                    ``(III) the majority and minority 
                                leaders of the House of Representatives 
                                and the Senate; and
                                    ``(IV) the chairmen and the ranking 
                                minority members of the Committee on 
                                the Judiciary of the House of 
                                Representatives and the Committee on 
                                the Judiciary of the Senate.
                            ``(ii) Timing of recommendations.--The 
                        commission shall make its recommendations to 
                        the President for Director--
                                    ``(I) in the case of the first 
                                Director appointed under this 
                                paragraph, not later than 60 days after 
                                the date of the enactment of the 
                                Copyright Office for the Digital 
                                Economy Act; and
                                    ``(II) in the case of any 
                                subsequent vacancy in the office of 
                                Director, not later than 60 days after 
                                the date on which the vacancy occurs.
                            ``(iii) Appointments without 
                        recommendations.--If the commission does not 
                        make its recommendations to the President 
                        within the applicable 60-day period provided in 
                        clause (ii), the President may appoint a 
                        Director without receiving such 
                        recommendations.
                    ``(C) Term of office.--The term of office of the 
                Director shall be 10 years. An individual appointed 
                Director under subparagraph (A) shall not be eligible 
                for reappointment to such office. An individual may 
                serve as Director after the expiration of the term for 
                which the individual was appointed until a successor 
                has been appointed.
                    ``(D) Removal from office.--The President may 
                remove the Director solely for inefficiency, neglect of 
                duty, or malfeasance in office.
            ``(2) Deputy director.--The Director shall appoint a Deputy 
        Director of the United States Copyright Office, who shall be 
        vested with the authority to act in the capacity of the 
        Director in the event of the absence or incapacity of the 
        Director. Before appointing a Deputy Director, the Director 
        shall consult with the commission. The Deputy Director shall be 
        a citizen of the United States and shall be appointed without 
        regard to political affiliation.
            ``(3) Qualifications.--The Director and Deputy Director 
        shall be persons who have a professional background and 
        experience in copyright law.
    ``(c) Other Officers and Employees.--The Director shall appoint and 
fix the pay of such other officers, employees (including attorneys), 
and agents of the Office as the Director considers necessary to carry 
out the functions of the Office, define the title, authority, and 
duties of such officers and employees, and delegate to them such of the 
powers vested in the Office as the Director may determine. The Director 
shall appoint officers and employees under this subsection who have 
responsibility for administering technology and data systems of the 
Office.
    ``(d) Administrative Functions and Duties.--All administrative 
functions and duties under this title, except as otherwise specified, 
are the responsibility of the Director.
    ``(e) Specific Powers and Duties.--In addition to the powers and 
duties set forth in other provisions of this title, the Office--
            ``(1) shall advise Congress on national and international 
        issues relating to copyright, other matters arising under this 
        title, and related matters;
            ``(2) shall provide advice and assistance to the executive 
        branch and the Judiciary on national and international issues 
        relating to copyright, other matters arising under this title, 
        and related matters;
            ``(3) shall participate in meetings of international 
        intergovernmental organizations and meetings with foreign 
        government officials, and shall serve on United States 
        delegations, relating to copyright, other matters arising under 
        this title, and related matters;
            ``(4) shall conduct studies and programs regarding 
        copyright, other matters arising under this title, and related 
        matters, the administration of the Copyright Office, or any 
        function vested in the Copyright Office by law, including 
        educational programs conducted cooperatively with foreign 
        intellectual property offices and international 
        intergovernmental organizations;
            ``(5) shall review and maintain its records and provide 
        services in a manner that reflects applicable technological 
        needs and developments;
            ``(6) shall perform such other functions as Congress may 
        direct, or as may be appropriate in furtherance of the 
        functions and duties specifically set forth in this title; and
            ``(7) shall adopt a seal to be used to authenticate all 
        certified documents issued by the Copyright Office.
    ``(f) Role as Congressional Advisor.--No officer or agency of the 
United States shall have any authority to require the Director or any 
other officer or employee of the Copyright Office to submit legislative 
recommendations, or testimony or comments on legislation, to any 
officer or agency of the United States for approval, comments, or 
review before the submission of such recommendations, testimony, or 
comments to Congress.
    ``(g) Additional Operational Authorities.--The Office--
            ``(1) may acquire, construct, purchase, lease, hold, 
        manage, operate, improve, alter, and renovate any real, 
        personal, or mixed property, or any interest therein, as it 
        considers necessary to carry out its functions;
            ``(2) may make such purchases, contracts for the 
        construction, maintenance, or management and operation of 
        facilities, and contracts for supplies or services, including 
        information technology, as it considers necessary to carry out 
        the functions of the Office, without regard to the provisions 
        of subtitle I and chapter 33 of title 40, division C (except 
        sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle 
        I of title 41, and the McKinney-Vento Homeless Assistance Act 
        (42 U.S.C. 11301 et seq.);
            ``(3) may enter into and perform such purchases and 
        contracts for printing services, including the processes of 
        composition, platemaking, presswork, silk screen processes, 
        binding, and microform, and the products of such processes, as 
        it considers necessary to carry out the functions of the 
        Office, without regard to sections 501 through 517 and 1101 
        through 1123 of title 44;
            ``(4) may use, with their consent, services, equipment, 
        personnel, and facilities of other departments, agencies, and 
        instrumentalities of the Federal Government, on a reimbursable 
        basis; and
            ``(5) may retain and use, to carry out the functions of the 
        Office, all of its revenues and receipts, including revenues 
        from the sale, lease, or disposal of any real, personal, or 
        mixed property, or any interest therein, of the Office.
    ``(h) Annual Report.--The Director shall, not later than 180 days 
after the end of each fiscal year, make and publish an annual report of 
the work and accomplishments of the Copyright Office for that fiscal 
year.''.
    (b) Director Defined.--Section 101 of title 17, United States Code, 
is amended--
            (1) by inserting after the definition of ``digital 
        transmission'' the following:
            ``The term `Director' means the Director of the United 
        States Copyright Office.''; and
            (2) by inserting after the definition of ``copies'' the 
        following:
            ``The terms `Copyright Office' and `Office' mean the United 
        States Copyright Office.''.

SEC. 3. MODERNIZING COPYRIGHT REGISTRATION.

    (a) Registration in General.--Section 408 of title 17, United 
States Code, is amended--
            (1) in subsection (a), by striking ``the deposit specified 
        by this section'' and inserting ``any examination copies 
        required by regulations issued under this section'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Examination Copies for Copyright Registration.--
            ``(1) The Director shall issue regulations specifying the 
        form, quality, and content of examination copies of works to be 
        submitted under subsection (a). Such regulations shall include 
        provisions governing the retention and disposition of 
        examination copies, and may, in the Director's discretion, 
        include appropriate administrative classifications, group 
        registration practices, and other provisions that both 
        facilitate registration and establish a meaningful public 
        record. The administrative classification of works has no 
        significance with respect to the subject matter of copyright or 
        the exclusive rights provided by this title.
            ``(2) Pursuant to regulations issued by the Director upon 
        consultation with the Librarian of Congress, the Director shall 
        provide the Library of Congress access to examination copies 
        and related data solely for the Library's determination of 
        whether to demand a deposit under section 407 or to otherwise 
        engage with copyright owners regarding works of authorship that 
        may be of curatorial and collection interest to the national 
        library. The Director shall consult with the Librarian of 
        Congress, as the Director considers appropriate, on other 
        matters of common interest.'';
            (3) by striking subsection (c) and redesignating 
        subsections (d), (e), and (f) as subsections (c), (d), and (e), 
        respectively; and
            (4) in subsection (e)(3)(B), as redesignated, by striking 
        ``a deposit'' and inserting ``an examination copy''.
    (b) Retention and Disposition of Articles Deposited in Copyright 
Office.--Section 704 of title 17, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) In the case of published works deposited pursuant to section 
407, all copies, phonorecords, and identifying material deposited are 
available to the Library of Congress for its collections, or for 
exchange or transfer to any other library according to regulations 
issued by the Director that prescribe the period of retention and 
applicable conditions.''; and
            (2) by striking subsections (c) and (d) and redesignating 
        subsection (e) as subsection (c).

SEC. 4. PAY OF DIRECTOR, DEPUTY DIRECTOR, AND ASSOCIATE DIRECTORS.

    (a) Pay of Director.--Section 5314 of title 5, United States Code, 
is amended by striking ``Register of Copyrights'' and inserting 
``Director of the United States Copyright Office''.
    (b) Pay of Deputy Director.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Director of the United States Copyright Office.''.

SEC. 5. COPYRIGHT ADVISORY BOARD.

    (a) Establishment and Functions.--Chapter 7 of title 17, United 
States Code, is amended by adding at the end the following new section:
``Sec. 710. Copyright Advisory Board
    ``(a) Establishment.--The Director shall establish a Copyright 
Advisory Board to advise and consult with the Copyright Office in the 
exercise of its functions under the copyright laws, and to provide 
information on emerging practices regarding copyright, including 
technology practices.
    ``(b) Membership.--The Director shall appoint the Copyright 
Advisory Board. In doing so, the Director shall seek to assemble 
experts in copyright law and practice, including authors, licensees, 
licensing organizations, public interest organizations, nonprofit 
organizations, and technology providers.
    ``(c) Meetings.--The Copyright Advisory Board shall meet from time 
to time at the call of the Director, but, at a minimum, shall meet at 
least twice in each year.
    ``(d) Compensation and Travel Expenses.--Members of the Copyright 
Advisory Board shall not receive compensation by reason of their 
service on the Advisory Board, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, under subchapter I of 
chapter 57 of title 5.
    ``(e) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Copyright Advisory 
Board.''.
    (b) Conforming Amendment.--The table of sections for chapter 7 of 
title 17, United States Code, is amended by adding at the end the 
following:

``709. Copyright Advisory Board.''.

SEC. 6. TRANSFER OF ADMINISTRATIVE FUNCTIONS.

    (a) Interim Administrative Support by the Library of Congress.--
            (1) In general.--
                    (A) Support by librarian of congress.--Until such 
                time as the first Director of the United States 
                Copyright Office is appointed under section 701 of 
                title 17, United States Code, as amended by section 
                2(a) of this Act, the Librarian of Congress shall 
                continue to perform, on and after the effective date of 
                this Act, any administrative functions the Librarian 
                performs, on the day before such effective date, for or 
                to the benefit of the Copyright Office (including the 
                Copyright Royalty Judges).
                    (B) Transfer of administrative functions.--On the 
                date on which the first Director of the United States 
                Copyright Office is appointed under section 701 of 
                title 17, United States Code, the administrative 
                functions described in subparagraph (A) shall be 
                transferred to the Director.
            (2) Cooperation of library.--The Librarian of Congress 
        shall ensure the full cooperation of the Library of Congress 
        with the Director and facilitate access to any records or other 
        information the Director requests for purposes of carrying out 
        the transfer of administrative functions to the Director.
    (b) Leasing of Space by GSA for the United States Copyright 
Office.--
            (1) In general.--Subject to the availability of funds, the 
        Administrator of the General Services Administration may 
        acquire real property by lease for the use of the United States 
        Copyright Office in the District of Columbia.
            (2) Limitation.--No obligation entered into pursuant to the 
        authority of this subsection shall be in advance of, or in 
        excess of, available appropriations.
    (c) Status Report.--Not later than 18 months after the date of the 
appointment of the first Director under section 701 of title 17, United 
States Code, the Director shall submit to Congress the following:
            (1) A status report regarding the transfer of 
        administrative functions under this section and modernization 
        objectives of the Copyright Office, including improvements to 
        staffing, fee schedules, technology, and services.
            (2) Recommendations for additional amendments to title 17, 
        United States Code, that are necessary by reason of the 
        enactment of this Act or to assist the Copyright Office in its 
        modernization efforts.
            (3) Such other recommendations that the Director considers 
        appropriate.
    (d) Definition.--For purposes of this section, the term 
``administrative functions'' includes, but is not limited to, any 
operational support, information technology, physical space, and any 
other support services that the Library of Congress was providing to 
the Copyright Office as of the day before the effective date of this 
Act.

SEC. 7. STUDY OF MANDATORY DEPOSIT.

    (a) In General.--The Director of the United States Copyright Office 
shall conduct a study on the future administration of mandatory deposit 
provisions in section 407 of title 17, United States Code. Such study 
shall cover the following:
            (1) The history of the mandatory deposit provisions and 
        their application to the digital era.
            (2) The Library's preferences regarding format or quality 
        when seeking deposits that are appropriate to preservation 
        efforts.
            (3) The concerns of copyright owners relating to the 
        Library's retention of works, copying of works for preservation 
        purposes, and copying or sharing required to make such works, 
        including digital works, available to Library patrons or the 
        public at large.
            (4) Observations regarding the legal and administrative 
        conditions under which the Copyright Office may transfer to the 
        Library the responsibility for administering such section 407.
            (5) Relevant experience from foreign countries that have 
        adopted similar or analogous regimes for the benefit of their 
        national libraries, archives, or other institutions.
            (6) Such recommendations, including recommendations for 
        statutory changes, that the Director considers appropriate.
    (b) Submission of Report to Congress.--The Director of the United 
States Copyright Office shall, not later than 1 year after the date of 
the enactment of this Act, submit to Congress a report on the results 
of the study conducted under subsection (a). The Director shall also 
publish the report on the website of the Copyright Office.
    (c) Public Comment Period.--In conducting the study under 
subsection (a), the Director of the United States Copyright Office 
shall provide an opportunity for the submission of public comments on 
the subject matter of the study, and shall publish with the study the 
responses of the Director to those comments.

SEC. 8. TECHNOLOGY STUDIES.

    The Director of the United States Copyright Office shall 
periodically conduct studies of the information technology and 
operations of the United States Copyright Office in order to ensure 
that the Office has the technology and staff necessary to establish and 
maintain a modern copyright system. Such studies shall--
            (1) evaluate the effectiveness of current technologies and 
        staff in meeting the needs of the copyright community, 
        including internal and external users; and
            (2) analyze potential improvements in technologies and 
        staff to meet those needs.

SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Amendments to Title 17, United States Code.--
            (1) Section 111(d) of title 17, United States Code, is 
        amended by striking ``Librarian of Congress'' each place it 
        appears and inserting ``Director''.
            (2) Section 119(b) of title 17, United States Code, is 
        amended by striking ``Librarian of Congress'' each place it 
        appears and inserting ``Director''.
            (3) Section 410(d) of title 17, United States Code, is 
        amended by striking ``deposit'' and inserting ``examination 
        copy''.
            (4) Section 411(a) of title 17, United States Code, is 
        amended by striking ``deposit'' and inserting ``examination 
        copy''.
            (5) Section 702 of title 17, United States Code, is amended 
        by striking ``All regulations established by the Register under 
        this title are subject to the approval of the Librarian of 
        Congress.''.
            (6) Section 704(d) of title 17, United States Code, is 
        amended by striking ``deposit'' and inserting ``examination 
        copy''.
            (7) Section 705 of title 17, United States Code, is amended 
        by striking ``deposits'' each place it appears and inserting 
        ``examination copies''.
            (8) Section 709 of title 17, United States Code, is amended 
        by striking ``deposit'' and inserting ``examination copy''.
            (9) Section 801 of title 17, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) in the first sentence, by striking 
                        ``Librarian of Congress'' and inserting 
                        ``Director''; and
                            (ii) by striking the second sentence;
                    (B) in subsection (b)(8), by striking ``Register of 
                Copyrights within the Library of Congress'' and 
                inserting ``Director'';
                    (C) in subsection (d), by striking ``Librarian of 
                Congress'' and inserting ``Director''; and
                    (D) by striking subsection (e) and redesignating 
                subsection (f) as subsection (e).
            (10) Section 802 of title 17, United States Code, is 
        amended--
                    (A) by striking ``Librarian of Congress'' and 
                ``Librarian'' each place it appears and inserting 
                ``Director''; and
                    (B) in subsection (i), by striking ``Librarian of 
                Congress'' and ``Librarian'' each place it appears and 
                inserting ``Director''.
            (11) Section 803 of title 17, United States Code, is 
        amended--
                    (A) in subsection (a), by striking ``Librarian of 
                Congress'' the first place it appears and inserting 
                ``Director'';
                    (B) in subsection (b)(6)(A), by striking 
                ``Librarian of Congress'' and inserting ``Director'';
                    (C) in subsection (c)(6), by striking ``Librarian 
                of Congress'' or ``Librarian'' in each place it appears 
                and inserting ``Director''; and
                    (D) in subsection (e)(1), by striking ``Librarian 
                of Congress'' each place it appears and inserting 
                ``Director''.
            (12) Section 1201(a)(1) of title 17, United States Code, is 
        amended--
                    (A) in subparagraph (C)--
                            (i) in the first sentence, by striking 
                        ``the Librarian of Congress, upon the 
                        recommendation of the Register of Copyrights, 
                        who shall consult with the Assistant Secretary 
                        for Communications and Information of the 
                        Department of Commerce and report and comment 
                        on his or her views in making such 
                        recommendation'' and inserting ``the Director, 
                        after consulting with the Assistant Secretary 
                        for Communications and Information of the 
                        Department of Commerce''; and
                            (ii) in the second sentence, by striking 
                        ``Librarian'' each place it appears and 
                        inserting ``Director''; and
                    (B) in subparagraph (D), by striking ``Librarian'' 
                each place it appears and inserting ``Director''.
            (13) Title 17, United States Code, is amended by striking 
        ``Register of Copyrights'' or ``Register'' (except when used in 
        the term ``Federal Register'') each place it appears and 
        inserting ``Director''.
            (14) The item relating to chapter 7 in the table of 
        chapters for title 17, United States Code, is amended to read 
        as follows:

``7.  United States Copyright Office........................     701''.
            (15) The heading for chapter 7 of title 17, United States 
        Code, is amended to read as follows:

             ``CHAPTER 7--UNITED STATES COPYRIGHT OFFICE''.

            (16) The item relating to section 701 in the table of 
        contents for chapter 7 of title 17, United States Code, is 
        amended to read as follows:

``701. United States Copyright Office; organization, powers, and 
                            duties.''.
    (b) Other Provisions of Law.--
            (1) Section 301(b)(3)(A)(ii) of the Prioritizing Resources 
        and Organization for Intellectual Property Act of 2008 (15 
        U.S.C. 8111(b)(3)(A)(ii)) is amended--
                    (A) by striking ``Register of Copyrights'' the 
                first place it appears and inserting ``Director of the 
                United States Copyright Office''; and
                    (B) by striking ``Register of Copyrights'' the 
                second place it appears and inserting ``Director''.
            (2) Section 2 of title 35, United States Code, is amended 
        by striking ``Register of Copyrights'' each place it appears 
        and inserting ``Director of the United States Copyright 
        Office''.

SEC. 10. EFFECTIVE DATE; TRANSITIONAL PROVISIONS.

    (a) Effective Date.--This Act and the amendments made by this Act 
shall take effect upon the expiration of the 90-day period beginning on 
the date of the enactment of this Act, except that the provisions of 
section 701 of title 17, United States Code, as amended by section 2(a) 
of this Act, shall take effect on the date of the enactment of this 
Act.
    (b) Continuation in Office of Certain Officers.--
            (1) Register of copyrights.--An individual serving as the 
        Register of Copyrights on the day before the date of the 
        enactment of this Act may serve, on and after that date, as the 
        interim Director of the United States Copyright Office until a 
        Director of the United States Copyright Office has been 
        appointed under section 701 of title 17, United States Code, as 
        amended by section 2(a) of this Act.
            (2) Copyright royalty judges.--An individual serving as a 
        Copyright Royalty Judge on the day before the effective date of 
        this Act may continue to serve in that role until the date on 
        which a Copyright Royalty Judge to replace such individual is 
        appointed under section 801 of title 17, United States Code.
    (c) Carryover of Personnel.--Effective on the effective date under 
subsection (a), all employees of the Library of Congress serving in the 
Copyright Office on the day before such effective date shall become 
employees of the United States Copyright Office, without a break in 
service.
    (d) Transfer of Assets.--Except as otherwise provided in this Act, 
so much of the personnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds employed, used, held, 
available, or to be made available in connection with a function that 
this Act vests in the United States Copyright Office shall be available 
and transferred to the Director.

SEC. 11. MISCELLANEOUS PROVISIONS.

    (a) References.--Any reference to the Register of Copyrights in any 
other Federal law, Executive order, rule, regulation, or delegation of 
authority, or any document of or pertaining to the Copyright Office, 
shall be deemed to refer to the Director of the United States Copyright 
Office.
    (b) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges related to a function that is 
vested in the Copyright Office and that are in effect on the effective 
date of this Act (or become effective after such date pursuant to their 
terms as in effect on such effective date), shall continue in effect 
according to their terms until modified, terminated, superseded, set 
aside, or revoked in accordance with law.
    (c) Proceedings.--This Act shall not affect any proceedings or any 
applications for any benefits, service, license, permit, or certificate 
pending on the effective date of this Act before the Copyright Office 
or the Copyright Royalty Judges, but such proceedings and requests 
shall be continued. Orders and determinations shall be issued in such 
proceedings, appeals shall be taken therefrom, and actions shall be 
taken pursuant to such orders and determinations, as if this Act had 
not been enacted, and orders and determinations issued in any such 
proceeding shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a court of 
competent jurisdiction, or by operation of law. Nothing in this 
subsection shall be considered to prohibit the discontinuance or 
modification of any such proceeding under the same terms and conditions 
and to the same extent that such proceeding could have been 
discontinued or modified if this subtitle had not been enacted.
    (d) Suits.--This Act shall not affect suits commenced before the 
effective date of this Act, and in all such suits, proceedings shall be 
had, appeals taken, and judgments rendered in the same manner and with 
the same effect as if this Act had not been enacted.
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