H. R. 5107

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To make certain corrections in copyright law.

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 ‘‘Work Made For Hire and Copyright Corrections Act of 2000’’.

SEC. 2. WORK MADE FOR HIRE.

(a) DEFINITION.—The definition of ‘‘work made for hire’’ contained in section 101 of title 17, United States Code, is amended—

(1) in paragraph (2), by striking ‘‘as a sound recording,’’;

and

(2) by inserting after paragraph (2) the following:

‘‘In determining whether any work is eligible to be considered

a work made for hire under paragraph (2), neither the amendment contained in section 1011(d) of the Intellectual Property

and Communications Omnibus Reform Act of 1999, as enacted

by section 1000(a)(9) of Public Law 106–113, nor the deletion

of the words added by that amendment—

‘‘(A) shall be considered or otherwise given any legal

significance, or

‘‘(B) shall be interpreted to indicate congressional

approval or disapproval of, or acquiescence in, any judicial

determination,

by the courts or the Copyright Office. Paragraph (2) shall

be interpreted as if both section 2(a)(1) of the Work Made

For Hire and Copyright Corrections Act of 2000 and section

1011(d) of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of

Public Law 106–113, were never enacted, and without regard

to any inaction or awareness by the Congress at any time

of any judicial determinations.’’.

(b) EFFECTIVE DATE.—

(1) EFFECTIVE DATE.—The amendments made by this section shall be effective as of November 29, 1999.

(2) SEVERABILITY.—If the provisions of paragraph (1), or

any application of such provisions to any person or circumstance, is held to be invalid, the remainder of this section,

the amendments made by this section, and the application

of this section to any other person or circumstance shall not

be affected by such invalidation.
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SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES CODE.

(a) AMENDMENTS TO CHAPTER 7.—Chapter 7 of title 17, United

States Code, is amended as follows:

(1) Section 710, and the item relating to that section in

the table of contents for chapter 7, are repealed.

(2) Section 705(a) is amended to read as follows:

‘‘(a) The Register of Copyrights shall ensure that records of

deposits, registrations, recordations, and other actions taken under

this title are maintained, and that indexes of such records are

prepared.’’.

(3)(A) Section 708(a) is amended to read as follows:

‘‘(a) FEES.—Fees shall be paid to the Register of Copyrights—

‘‘(1) on filing each application under section 408 for registration of a copyright claim or for a supplementary registration,

including the issuance of a certificate of registration if registration is made;

‘‘(2) on filing each application for registration of a claim

for renewal of a subsisting copyright under section 304(a),

including the issuance of a certificate of registration if registration is made;

‘‘(3) for the issuance of a receipt for a deposit under section

407;

‘‘(4) for the recordation, as provided by section 205, of

a transfer of copyright ownership or other document;

‘‘(5) for the filing, under section 115(b), of a notice of

intention to obtain a compulsory license;

‘‘(6) for the recordation, under section 302(c), of a statement

revealing the identity of an author of an anonymous or

pseudonymous work, or for the recordation, under section

302(d), of a statement relating to the death of an author;

‘‘(7) for the issuance, under section 706, of an additional

certificate of registration;

‘‘(8) for the issuance of any other certification; and

‘‘(9) for the making and reporting of a search as provided

by section 705, and for any related services.

The Register is authorized to fix fees for other services, including

the cost of preparing copies of Copyright Office records, whether

or not such copies are certified, based on the cost of providing

the service.’’.

(B) Section 708(b) is amended—

(i) by striking the matter preceding paragraph (1)

and inserting the following:

‘‘(b) ADJUSTMENT OF FEES.—The Register of Copyrights may,

by regulation, adjust the fees for the services specified in paragraphs

(1) through (9) of subsection (a) in the following manner:’’;

(ii) in paragraph (1), by striking ‘‘increase’’ and

inserting ‘‘adjustment’’;

(iii) in paragraph (2), by striking ‘‘increase’’ the

first place it appears and inserting ‘‘adjust’’; and

(iv) in paragraph (5), by striking ‘‘increased’’ and

inserting ‘‘adjusted’’.

(b) CONFORMING AMENDMENT.—Section 121(a) of title 17,

United States Code, is amended by striking ‘‘sections 106 and

710’’ and inserting ‘‘section 106’’.

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section

shall take effect on the date of the enactment of this Act.
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(2) CARRY-OVER OF EXISTING FEES.—The fees under section

708(a) of title 17, United States Code, on the date of the

enactment of this Act shall be the fees in effect under section

708(a) of such title on the day before such date of enactment.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.