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Union Calendar No. 517

106TH CONGRESS

2D SESSION H. R. 5107

[Report No. 106–861]

To make certain corrections in copyright law.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 6, 2000

Mr. COBLE (for himself, Mr. BERMAN, Mr. CONYERS, Mrs. BONO, Mr.

WEXLER, Mr. DELAHUNT, Ms. LOFGREN, Mr. BOUCHER, Ms. MCCARTHY of Missouri, and Mr. ROGAN) introduced the following bill; which

was referred to the Committee on the Judiciary

SEPTEMBER 18, 2000

Additional sponsors: Mr. NADLER, Mr. ROHRABACHER, Mr. JENKINS, Mr.

GOODLATTE, and Mr. SCOTT

SEPTEMBER 18, 2000

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To make certain corrections in copyright law.

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

2 This Act may be cited as the ‘‘Work Made For Hire

3 and Copyright Corrections Act of 2000’’.

4 SEC. 2. WORK MADE FOR HIRE.

5 (a) DEFINITION.—The definition of ‘‘work made for

6 hire’’ contained in section 101 of title 17, United States

7 Code, is amended—

8 (1) in paragraph (2), by striking ‘‘as a sound

9 recording,’’; and

10 (2) by inserting after paragraph (2) the fol11 lowing:

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

13 considered a work made for hire under paragraph

14 (2), neither the amendment contained in section

15 1011(d) of the Intellectual Property and Commu16 nications Omnibus Reform Act of 1999, as enacted

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

18 the deletion of the words added by that

19 amendment—

20 ‘‘(A) shall be considered or otherwise given

21 any legal significance, or

22 ‘‘(B) shall be interpreted to indicate con23 gressional approval or disapproval of, or acqui24 escence in, any judicial determination,

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

26 shall be interpreted as if both section 2(a)(1) of the
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1 Work Made For Hire and Copyright Corrections Act

2 of 2000 and section 1011(d) of the Intellectual

3 Property and Communications Omnibus Reform Act

4 of 1999, as enacted by section 1000(a)(9) of Public

5 Law 106–113, were never enacted, and without re6 gard to any inaction or awareness by the Congress

7 at any time of any judicial determinations.’’.

8 (b) EFFECTIVE DATE.—

9 (1) EFFECTIVE DATE.—The amendments made

10 by this section shall be effective as of November 29,

11 1999.

12 (2) SEVERABILITY.—If the provisions of para13 graph (1), or any application of such provisions to

14 any person or circumstance, is held to be invalid, the

15 remainder of this section, the amendments made by

16 this section, and the application of this section to

17 any other person or circumstance shall not be af18 fected by such invalidation.

19 SEC. 3. OTHER AMENDMENTS TO TITLE 17, UNITED STATES

20 CODE.

21 (a) AMENDMENTS TO CHAPTER 7.—Chapter 7 of

22 title 17, United States Code, is amended as follows:

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

24 section in the table of contents for chapter 7, are re25 pealed.
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1 (2) Section 705(a) is amended to read as fol2 lows:

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

4 records of deposits, registrations, recordations, and other

5 actions taken under this title are maintained, and that in6 dexes of such records are prepared.’’.

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

8 follows:

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

10 Copyrights, in the amounts in effect on the date of enact11 ment of the Work Made For Hire and Copyright Correc12 tions Act of 2000, as adjusted under subsection (b)—

13 ‘‘(1) on filing each application under section

14 408 for registration of a copyright claim or for a

15 supplementary registration, including the issuance of

16 a certificate of registration if registration is made;

17 ‘‘(2) on filing each application for registration

18 of a claim for renewal of a subsisting copyright

19 under section 304(a), including the issuance of a

20 certificate of registration if registration is made;

21 ‘‘(3) for the issuance of a receipt for a deposit

22 under section 407;

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

24 205, of a transfer of copyright ownership or other

25 document;
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1 ‘‘(5) for the filing, under section 115(b), of a

2 notice of intention to obtain a compulsory license;

3 ‘‘(6) for the recordation, under section 302(c),

4 of a statement revealing the identity of an author of

5 an anonymous or pseudonymous work, or for the

6 recordation, under section 302(d), of a statement re7 lating to the death of an author;

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

9 additional certificate of registration;

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

11 and

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

13 as provided by section 705, and for any related serv14 ices.

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

16 including the cost of preparing copies of Copyright Office

17 records, whether or not such copies are certified, based

18 on the cost of providing the service.’’.

19 (B) Section 708(b) is amended by striking the

20 matter preceding paragraph (1) and inserting the

21 following:

22 ‘‘(b) ADJUSTMENT OF FEES.—The Register of Copy23 rights may, by regulation, adjust the fees for the actions

24 specified in paragraphs (1) through (9) of subsection (a)

25 in the following manner:’’.
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1 (b) CONFORMING AMENDMENT.—Section 121(a) of

2 title 17, United States Code, is amended by striking ‘‘sec3 tions 106 and 710’’ and inserting ‘‘section 106’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section shall take effect on the date of enactment of

6 this Act.

Union Calendar No. 517

106TH CONGRESS

2D SESSION H. R. 5107

[Report No. 106–861]

A BILL

To make certain corrections in copyright law.

SEPTEMBER 18, 2000

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed