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[House Report 106-860]
[From the U.S. Government Publishing Office]

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-860

======================================================================

 
              COPYRIGHT TECHNICAL CORRECTIONS ACT OF 2000

                                _______
                                

 September 18, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Coble, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 5106]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 5106) making technical corrections in copyright law, 
having considered the same, reports favorably thereon with an 
amendment in the nature of a substitute and recommends that the 
bill as amended do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           1
Purpose and Summary........................................           3
Background and Need for the Legislation....................           3
Committee Consideration....................................           3
Committee Oversight Findings...............................           3
Committee on Government Reform Findings....................           3
New Budget Authority and Tax Expenditures..................           3
Congressional Budget Office Cost Estimate..................           4
Constitutional Authority Statement.........................           4
Section-by-Section Analysis and Discussion.................           4
Changes in Existing Law Made by the Bill, as Reported......           7

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Technical Corrections Act 
of 2000''.

SEC. 2. CORRECTIONS TO 1999 ACT.

    Title I of the Intellectual Property and Communications Omnibus 
Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106-
113, is amended as follows:
            (1) Section 1007 is amended--
                    (A) in paragraph (2), by striking ``paragraph (2)'' 
                and inserting ``paragraph (2)(A)''; and
                    (B) in paragraph (3), by striking ``1005(e)'' and 
                inserting ``1005(d)''.
            (2) Section 1006(b) is amended by striking 
        ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''.
            (3)(A) Section 1006(a) is amended--
                    (i) in paragraph (1) by adding ``and'' after the 
                semicolon;
                    (ii) by striking paragraph (2); and
                    (iii) by redesignating paragraph (3) as paragraph 
                (2).
            (B) Section 1011(b)(2)(A) is amended to read as follows:
                    ``(A) in paragraph (1), by striking `primary 
                transmission made by a superstation and embodying a 
                performance or display of a work' and inserting 
                `performance or display of a work embodied in a primary 
                transmission made by a superstation or by the Public 
                Broadcasting Service satellite feed';''.

SEC. 3. AMENDMENTS TO TITLE 17, UNITED STATES CODE.

    Title 17, United States Code, is amended as follows:
            (1) Section 119(a)(6) is amended by striking ``of 
        performance'' and inserting ``of a performance''.
            (2)(A) The section heading for section 122 is amended by 
        striking ``rights; secondary'' and inserting ``rights: 
        Secondary''.
            (B) The item relating to section 122 in the table of 
        contents for chapter 1 is amended to read as follows:

``122. Limitations on exclusive rights: Secondary transmissions by 
satellite carriers within local markets.''.

            (3)(A) The section heading for section 121 is amended by 
        striking ``reproduction'' and inserting ``Reproduction''.
            (B) The item relating to section 121 in the table of 
        contents for chapter 1 is amended by striking ``reproduction'' 
        and inserting ``Reproduction''.
            (4)(A) Section 106 is amended by striking ``107 through 
        121'' and inserting ``107 through 122''.
            (B) Section 501(a) is amended by striking ``106 through 
        121'' and inserting ``106 through 122''.
            (C) Section 511(a) is amended by striking ``106 through 
        121'' and inserting ``106 through 122''.
            (5) Section 101 is amended--
                    (A) by moving the definition of ``computer 
                program'' so that it appears after the definition of 
                ``compilation''; and
                    (B) by moving the definition of ``registration'' so 
                that it appears after the definition of ``publicly''.
            (6) Section 110(4)(B) is amended in the matter preceding 
        clause (i) by striking ``conditions;'' and inserting 
        ``conditions:''.
            (7) Section 118(b)(1) is amended in the second sentence by 
        striking ``to it''.
            (8) Section 119(b)(1)(A) is amended--
                    (A) by striking ``transmitted'' and inserting 
                ``retransmitted''; and
                    (B) by striking ``transmissions'' and inserting 
                ``retransmissions''.
            (9) Section 203(a)(2) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``(A) the'' and inserting 
                        ``(A) The''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period;
                    (B) in subparagraph (B)--
                            (i) by striking ``(B) the'' and inserting 
                        ``(B) The''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period; and
                    (C) in subparagraph (C), by striking ``(C) the'' 
                and inserting ``(C) The''.
            (10) Section 304(c)(2) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``(A) the'' and inserting 
                        ``(A) The''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period;
                    (B) in subparagraph (B)--
                            (i) by striking ``(B) the'' and inserting 
                        ``(B) The''; and
                            (ii) by striking the semicolon at the end 
                        and inserting a period; and
                    (C) in subparagraph (C), by striking ``(C) the'' 
                and inserting ``(C) The''.
            (11) The item relating to section 903 in the table of 
        contents for chapter 9 is amended by striking ``licensure'' and 
        inserting ``licensing''.
            (12) Section 109 is amended by striking subsection (e).

SEC. 4. OTHER AMENDMENTS.

    (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United 
States Code, is amended by striking ``107 through 120'' and inserting 
``107 through 122''.
    (b) Standard Reference Data.--(1) Section 105(f) of Public Law 94-
553 is amended by striking ``section 290(e) of title 15'' and inserting 
``section 6 of the Standard Reference Data Act (15 U.S.C. 290e)''.
    (2) Section 6(a) of the Standard Reference Data Act (15 U.S.C. 
290e) is amended by striking ``Notwithstanding'' and all that follows 
through ``United States Code,'' and inserting ``Notwithstanding the 
limitations under section 105 of title 17, United States Code,''.

                          Purpose and Summary

    The purpose of H.R. 5106, the ``Copyright Technical 
Corrections Act of 2000'', is to make purely technical 
amendments to Title I of the Intellectual Property and 
Communications Omnibus Reform Act of 1999, Pub. L. No. 106-113 
(IPCORA), and title 17, United States Code. H.R. 5106 corrects 
errors in references, spelling, and punctuation; conforms the 
table of contents with section headings; restores the 
definitions in chapter 1 to alphabetical order; deletes an 
expired paragraph; and conforms several provisions to the 
grammatical style used throughout title 17.

                Background and Need for the Legislation

    The United States Copyright Office periodically forwards to 
Congress recommendations for technical corrections to title 17, 
the Copyright Act. Early in 2000, the Copyright Office 
forwarded recommended technical corrections to the Subcommittee 
on Courts and Intellectual Property. H.R. 5106 implements many 
of those recommendations. These are necessary amendments which 
clarify U.S. Copyright law.

                        Committee Consideration

    On September 13, 2000, the committee met in open session 
and ordered favorably reported the bill H.R. 5106, with an 
amendment in the nature of a substitute, by voice vote, a 
quorum being present.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                Committee on Government Reform Findings

    No findings or recommendations of the Committee on 
Government Reform were received as referred to in clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the committee sets forth, with 
respect to the bill, H.R. 5106, the following estimate and 
comparison prepare by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 15, 2000.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5106, the 
Copyright Technical Corrections Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Ken Johnson, 
who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Democratic Member
H.R. 5106--Copyright Technical Corrections Act of 2000.
    H.R. 5106 would make certain technical changes to copyright 
law concerning retransmissions of television programming by 
satellite carriers. The bill also would renumber and retitle 
several sections of law related to copyrights. Finally, H.R. 
5106 would repeal an expired provision of copyright law related 
to electronic audiovisual games.
    CBO estimates that enacting the bill would have no 
significant impact on the federal budget because the bill's 
provisions are all technical in nature. Because the bill would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply.
    H.R. 5106 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact is Ken Johnson, who can be reached at 
226-2860. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of the rule XIII of the Rules of 
the House of Representatives, the committee finds the authority 
for this legislation in Article I, section 8, clause 8 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    Section 1. Short Title. This section states that the act 
may be cited as the ``Copyright Technical Corrections Act of 
2000''.
    Sec. 2. Corrections to 1999 Act. This section makes 
amendments to Title I of IPCORA.
    Paragraph (1)(A) amends section 1007(2) by striking 
``paragraph (2)'' and inserting ``paragraph (2)(A)''.
    Paragraph (1)(B) amends section 1007(3) by striking 
``1005(e)'' and inserting ``1005(d)''. In section 1007(3), the 
amendment instructions require paragraph 12 to be added to 
subsection 119(a) ``as amended by section 1005(e)''. The 
reference to section 1005(e) is wrong. Section 1005(d) amended 
subsection 119(a), whereas section 1005(e) amended subsection 
119(d). Section 1005(d) amended subsection 119(a) by adding 
paragraph 11. Section 1005(e) amended subsection 119(d) by 
rewriting its paragraph 11. This amendment corrects this.
    Paragraph (2) amends section 1006(b) by striking 
``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''. 
Section 1006(b) amended section 119(b)(1)(B)(iii) by inserting 
``or the Public Broadcasting Service satellite feed'' after 
``network station''. Section 119(b)(1)(B)(ii), not (iii), 
should have been amended. Section 119(b)(1)(B)(iii) contains no 
reference to ``network station''. Section 119(b)(1)(B)(ii) does 
contain that reference, and it is clear that section 1006(b) 
was intended to amend section 119(b)(1)(B)(ii).
    Paragraphs (3)(A) and (3)(B) amend section 1006(a)(2) by 
repealing it, redesignating the paragraphs and changing the 
language in section 1011(b). The amendment in section 
1006(b)(2) amends section 119(a)(1) by inserting new wording so 
that the text will read as follows, with the new wording 
italicized: ``primary transmission made by a superstation or by 
the Public Broadcasting Service satellite feed and embodying a 
performance or display of a work''.
    The amendment in section 1011(b)(2)(A) subsequently amends 
the same language but does not take the first amendment into 
account. It directs that section 119(a)(1) be amended to delete 
``primary transmission made by a superstation and embodying a 
performance or display of a work'' (ignoring the fact that ``or 
by the Public Broadcasting Service satellite feed'' has been 
inserted into the middle of that phrase). In lieu of that 
phrase, it inserts ``performance or display of a work embodied 
in a primary transmission made by a superstation'' (but without 
taking into account the addition of ``or by the Public 
Broadcasting Service satellite feed''). As a result, it is 
unclear what is to be done with the phrase ``or by the Public 
Broadcasting Service satellite feed''. Although the intent is 
clear, the language of sections 1006(a)(2) and 1011(b)(2)(A) 
does not necessarily accomplish the intended result. These 
paragraphs clarify the ambiguity to achieve the intended 
result.
    Sec. 3. Amendments to Title 17, United States Code. This 
section makes amendments to title 17, United States Code.
    Paragraph (1) amends section 119(a)(6) by striking ``of 
performance'' and inserting ``of a performance''. Section 
1011(b)(2) of IPCORA amended section 119(a)(6) so that 
``performance or display of a work embodied in'' is inserted 
after ``by a satellite carrier of''. The word ``a'' is missing 
between these two phrases. This section inserts it before 
``performance'' so that the language will read ``by a satellite 
carrier of a performance or display of a work embodied in''.
    Paragraph (2)(A) amends the section heading for section 122 
by striking ``rights; secondary'' and inserting ``rights: 
Secondary''. Section 1002(a) of IPCORA added section 122 to 
title 17. The title of section 122 has editorial errors. To 
make it consistent with the style used throughout title 17, the 
title is changed to substitute a colon in lieu of the semicolon 
and ``secondary'' is capitalized. Paragraph (2)(B) amends the 
item relating to section 122 in the table of contents for 
chapter 1 to make it consistent with the change made by 
paragraph (2)(A).
    Paragraph (3)(A) amends the section heading for section 121 
by striking ``reproduction'' and inserting ``Reproduction''. 
Paragraph 3(B) amends the item relating to section 121 in the 
table of contents from chapter 1 by striking ``reproduction'' 
and inserting ``Reproduction''. This makes the heading for 
section 121 and the table of contents for Chapter 1 conform to 
the editorial style used for the rest of the headings for title 
17 by capitalizing ``reproduction''.
    Paragraphs (4)(A), (4)(B), and (4)(C) amend cross 
references to the limitations on exclusive rights in copyright 
to include section 122. Throughout title 17, such references to 
``121'' are changed to ``122''. Paragraph 4(A) amends section 
106 by striking ``107 through 121'' and inserting ``107 through 
122''. Paragraph (4)(B) amends section 501(a) by striking ``106 
through 121'' and inserting ``106 through 122''. Paragraph 
(4)(C) amends section 511(a) by striking ``106 through 121'' 
and inserting ``106 through 122''.
    Paragraph (5)(A) amends section 101 by moving the 
definition of ``computer program'' so that it appears after the 
definition of ``compilation''. Paragraph (5)(B) amends section 
101 by moving the definition of ``registration'' so that it 
appears after the definition of ``publicly''. This amendment 
ensures that the definitions appear in alphabetical order.
    Paragraph (6) amends section 110(4)(B) in the matter 
preceding clause (i) by striking ``conditions;'' and inserting 
``conditions:''. A colon is the proper punctuation when a 
phrase that introduces multiple subparts is worded to include 
``the following''.
    Paragraph (7) amends section 118(b)(1) in the second 
sentence by striking ``to it''. This section was amended by the 
Copyright Royalty Tribunal Reform Act of 1993 to substitute 
``Librarian of Congress'' for references to the ``Copyright 
Royalty Tribunal'' (CRT). As originally enacted by the 
Copyright Act of 1976, the second sentence in subsection(b) 
used the pronoun ``it'' to refer to the CRT. As amended in 
1993, the sentence now states, ``The Librarian of Congress 
shall proceed on the basis of the proposals submitted to it. . 
. .'' This amendment corrects that reference.
    Paragraphs (8)(A) and (B) amend section 119(b)(1)(A). 
Paragraph (A) strikes ``transmitted'' and inserts 
``retransmitted''. Paragraph (B) strikes ``transmissions'' and 
inserts ``retransmissions''. These paragraphs correct two 
drafting errors in section 119(b)(1)(A) when it was enacted by 
the Satellite Home Viewer Act of 1988.
    Paragraphs (9)(A), (B) and (C) amend section 203(a)(2). 
Paragraph (9)(A)(i) amends subparagraph (A) by striking ``(A) 
the'' and inserts ``(A) The''. Paragraph (9)(A)(ii) amends 
subparagraph (A) by striking the semicolon at the end and 
inserting a period. Paragraph (9)(B)(i) amends subparagraph (B) 
by striking ``(B) the'' and inserting ``(B) The''. Paragraph 
(9)(B)(ii) amends subparagraph (B) by striking the semicolon at 
the end and inserting a period. Paragraph (9)(C) amends 
subparagraph (C) by striking ``(C) the'' and inserting ``(C) 
The''.
    Paragraphs (10)(A), (B) and (C) amend section 304(c)(2). 
Paragraph (10)(A)(i) amends subparagraph (A) by striking ``(A) 
the'' and inserting ``(A) The''. Paragraph (10)(A)(ii) amends 
subparagraph (A) by striking the semicolon at the end and 
inserting a period. Paragraph (10)(B)(i) amends subparagraph 
(B) by striking ``(B) the'' and inserting ``(B) The''. 
Paragraph (10)(B)(ii) amends subparagraph (B) by striking the 
semicolon at the end and inserting a period. Paragraph (10)(C) 
amends subparagraph (C) by striking ``(C) the'' and inserting 
``(C) The''. The addition of subparagraph (C) to sections 
203(a)(2) and 304(c)(2) resulted in inconsistent punctuation 
and this amendment makes the punctuation in sections 203(a)(2) 
and 304(c)(2) internally consistent.
    Paragraph (11) amends the item relating to section 903 in 
the table of contents for chapter 9 by striking ``licensure'' 
and inserting ``licensing''. As originally enacted in 1984, the 
table of contents for chapter 9 and the text each had a 
different heading for section 903. The heading in the text was 
the same as it is now, which is ``Ownership, transfer, 
licensing, and recordation''. The heading in the table of 
contents was, ``Ownership and transfer.'' In 1997, a technical 
amendment changed the heading in the table of sections to its 
present form, which is, ``Ownership, transfer, licensure, and 
recordation.'' The 1997 amendment did not change the heading in 
the text to make it the same. This amendment makes both the 
table of contents and the heading in the text the same.
    Paragraph (12) amends section 109 by striking subsection 
(e). Section 803 of the Computer Software Rental Amendments Act 
of 1990 amended section 109 of title 17 by adding subsection 
(e). According to section 804(c) the amendments made by section 
803 shall not apply to public performances or displays that 
occur on or after October 1, 1995. Therefore, section 109 is 
expired.
    Sec. 4. Other Amendments. This section makes other 
technical and conforming amendments. Paragraph (a) amends title 
18, section 2319(e)(2) by striking ``107 through 120'' and 
inserting ``107 through 122''. Paragraph (b)(1) and (2) correct 
an incorrect reference to an uncodified title. It is incorrect 
to directly cite to an uncodified title.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

  INTELLECTUAL PROPERTY AND COMMUNICATIONS OMNIBUS REFORM ACT OF 1999

           *       *       *       *       *       *       *

              TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

           *       *       *       *       *       *       *

SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.

    (a) Secondary Transmissions.--Section 119(a)(1) of title 
17, United States Code, is amended--
            (1) by striking the paragraph heading and inserting 
        ``(1) Superstations and pbs satellite feed.--''; and
            [(2) by inserting ``or by the Public Broadcasting 
        Service satellite feed'' after ``superstation''; and]
            [(3)] (2) by adding at the end the following: ``In 
        the case of the Public Broadcasting Service satellite 
        feed, the statutory license shall be effective until 
        January 1, 2002.''.
    (b) Royalty Fees.--Section [119(b)(1)(B)(iii)] 
119(b)(1)(B)(ii) of title 17, United States Code, is amended by 
inserting ``or the Public Broadcasting Service satellite feed'' 
after ``network station''.

           *       *       *       *       *       *       *

SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION 
                    REGULATIONS.

    Section 119(a) of title 17, United States Code, is 
amended--
            (1)  * * *
            (2) in [paragraph (2)] paragraph (2)(A), by 
        inserting ``with regard to secondary transmissions the 
        satellite carrier is in compliance with the rules, 
        regulations, or authorizations of the Federal 
        Communications Commission governing the carriage of 
        television broadcast station signals,'' after 
        ``satellite carrier to the public for private home 
        viewing,''; and
            (3) by adding at the end of such subsection (as 
        amended by section [1005(e)] 1005(d) of this Act) the 
        following new paragraph:
            ``(12) Statutory license contingent on compliance 
        with fcc rules and remedial steps.--Notwithstanding any 
        other provision of this section, the willful or 
        repeated secondary transmission to the public by a 
        satellite carrier of a primary transmission embodying a 
        performance or display of a work made by a broadcast 
        station licensed by the Federal Communications 
        Commission is actionable as an act of infringement 
        under section 501, and is fully subject to the remedies 
        provided by sections 502 through 506 and 509, if, at 
        the time of such transmission, the satellite carrier is 
        not in compliance with the rules, regulations, and 
        authorizations of the Federal Communications Commission 
        concerning the carriage of television broadcast station 
        signals.''.

           *       *       *       *       *       *       *

SEC. 1011. TECHNICAL AMENDMENTS.

    (a)  * * *

           *       *       *       *       *       *       *

    (b) Technical Amendments Relating to Performance or 
Displays Of Works.--
            (1)  * * *

           *       *       *       *       *       *       *

            (2) Section 119(a) of title 17, United States Code, 
        is amended--
                    [(A) in paragraph (1), by striking 
                ``primary transmission made by a superstation 
                and embodying a performance or display of a 
                work'' and inserting ``performance or display 
                of a work embodied in a primary transmission 
                made by a superstation'';]
                    (A) in paragraph (1), by striking ``primary 
                transmission made by a superstation and 
                embodying a performance or display of a work'' 
                and inserting ``performance or display of a 
                work embodied in a primary transmission made by 
                a superstation or by the Public Broadcasting 
                Service satellite feed'';

           *       *       *       *       *       *       *

                              ----------                              

                     TITLE 17, UNITED STATES CODE

           *       *       *       *       *       *       *

            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT

Sec.
101.    Definitions.
     * * * * * * *
121.    Limitations on exclusive rights: [reproduction] Reproduction for 
          blind or other people with disabilities.
[122.    Limitations on exclusive rights; secondary transmissions by 
          satellite carriers within local market.]
122.    Limitations on exclusive rights: Secondary transmissions by 
          satellite carriers within local markets.

           *       *       *       *       *       *       *

Sec. 101. Definitions

    Except as otherwise provided in this title, as used in this 
title, the following terms and their variant forms mean the 
following:
            An ``anonymous work'' is a work on the copies or 
        phonorecords of which no natural person is identified 
        as author.

           *       *       *       *       *       *       *

            A ``compilation'' is a work formed by the 
        collection and assembling of preexisting materials or 
        of data that are selected, coordinated, or arranged in 
        such a way that the resulting work as a whole 
        constitutes an original work of authorship. The term 
        ``compilation'' includes collective works.
            A ``computer program'' is a set of statements or 
        instructions to be used directly or indirectly in a 
        computer in order to bring about a certain result.

           *       *       *       *       *       *       *

            To perform or display a work ``publicly'' means--
                    (1) to perform or display it at a place 
                open to the public or at any place where a 
                substantial number of persons outside of a 
                normal circle of a family and its social 
                acquaintances is gathered; or
                    (2) to transmit or otherwise communicate a 
                performance or display of the work to a place 
                specified by clause (1) or to the public, by 
                means of any device or process, whether the 
                members of the public capable of receiving the 
                performance or display receive it in the same 
                place or in separate places and at the same 
                time or at different times.
            ``Registration'', for purposes of sections 
        205(c)(2), 405, 406, 410(d), 411, 412, and 506(e), 
        means a registration of a claim in the original or the 
        renewed and extended term of copyright.

           *       *       *       *       *       *       *

Sec. 106. Exclusive rights in copyrighted works

    Subject to sections [107 through 121] 107 through 122, the 
owner of copyright under this title has the exclusive rights to 
do and to authorize any of the following:
            (1)  * * *

           *       *       *       *       *       *       *

Sec. 109. Limitations on exclusive rights: Effect of transfer of 
                    particular copy or phonorecord

    (a) * * *

           *       *       *       *       *       *       *

    [(e) Notwithstanding the provisions of sections 106(4) and 
106(5), in the case of an electronic audiovisual game intended 
for use in coin-operated equipment, the owner of a particular 
copy of such a game lawfully made under this title, is 
entitled, without the authority of the copyright owner of the 
game, to publicly perform or display that game in coin-operated 
equipment, except that this subsection shall not apply to any 
work of authorship embodied in the audiovisual game if the 
copyright owner of the electronic audiovisual game is not also 
the copyright owner of the work of authorship.]

Sec. 110. Limitations on exclusive rights: Exemption of certain 
                    performances and displays

    Notwithstanding the provisions of section 106, the 
following are not infringements of copyright:
            (1)  * * *

           *       *       *       *       *       *       *

            (4) performance of a nondramatic literary or 
        musical work otherwise than in a transmission to the 
        public, without any purpose of direct or indirect 
        commercial advantage and without payment of any fee or 
        other compensation for the performance to any of its 
        performers, promoters, or organizers, if--
                    (A)  * * *
                    (B) the proceeds, after deducting the 
                reasonable costs of producing the performance, 
                are used exclusively for educational, 
                religious, or charitable purposes and not for 
                private financial gain, except where the 
                copyright owner has served notice of objection 
                to the performance under the following 
                [conditions;] conditions:
                            (i)  * * *

           *       *       *       *       *       *       *

Sec. 118. Scope of exclusive rights: Use of certain works in connection 
                    with noncommercial broadcasting

    (a)  * * *
    (b) Notwithstanding any provision of the antitrust laws, 
any owners of copyright in published nondramatic musical works 
and published pictorial, graphic, and sculptural works and any 
public broadcasting entities, respectively, may negotiate and 
agree upon the terms and rates of royalty payments and the 
proportionate division of fees paid among various copyright 
owners, and may designate common agents to negotiate, agree to, 
pay, or receive payments.
            (1) Any owner of copyright in a work specified in 
        this subsection or any public broadcasting entity may 
        submit to the Librarian of Congress proposed licenses 
        covering such activities with respect to such works. 
        The Librarian of Congress shall proceed on the basis of 
        the proposals submitted [to it] as well as any other 
        relevant information. The Librarian of Congress shall 
        permit any interested party to submit information 
        relevant to such proceedings.

           *       *       *       *       *       *       *

Sec. 119. Limitations on exclusive rights: Secondary transmissions of 
                    superstations and network stations for private home 
                    viewing

    (a) Secondary Transmissions by Satellite Carriers.--
            (1)  * * *

           *       *       *       *       *       *       *

            (6) Discrimination by a satellite carrier.--
        Notwithstanding the provisions of paragraph (1), the 
        willful or repeated secondary transmission to the 
        public by a satellite carrier [of performance] of a 
        performance or display of a work embodied in a primary 
        transmission made by a superstation or a network 
        station is actionable as an act of infringement under 
        section 501, and is fully subject to the remedies 
        provided by sections 502 through 506 and 509, if the 
        satellite carrier unlawfully discriminates against a 
        distributor.

           *       *       *       *       *       *       *

    (b) Statutory License for Secondary Transmissions for 
Private Home Viewing.--
            (1) Deposits with the register of copyrights.--A 
        satellite carrier whose secondary transmissions are 
        subject to statutory licensing under subsection (a) 
        shall, on a semiannual basis, deposit with the Register 
        of Copyrights, in accordance with requirements that the 
        Register shall prescribe by regulation--
                    (A) a statement of account, covering the 
                preceding 6-month period, specifying the names 
                and locations of all superstations and network 
                stations whose signals were [transmitted] 
                retransmitted, at any time during that period, 
                to subscribers for private home viewing as 
                described in subsections (a)(1) and (a)(2), the 
                total number of subscribers that received such 
                [transmissions] retransmissions, and such other 
                data as the Register of Copyrights may from 
                time to time prescribe by regulation; and

           *       *       *       *       *       *       *

Sec. 121. Limitations on exclusive rights: [reproduction] Reproduction 
                    for blind or other people with disabilities

    (a)  * * *

           *       *       *       *       *       *       *

Sec. 122. Limitations on exclusive [rights; secondary] rights: 
                    Secondary transmissions by satellite carriers 
                    within local markets

    (a)  * * *

           *       *       *       *       *       *       *

              CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER

           *       *       *       *       *       *       *

Sec. 203. Termination of transfers and licenses granted by the author

    (a) Conditions for Termination.--In the case of any work 
other than a work made for hire, the exclusive or nonexclusive 
grant of a transfer or license of copyright or of any right 
under a copyright, executed by the author on or after January 
1, 1978, otherwise than by will, is subject to termination 
under the following conditions:
            (1)  * * *
            (2) Where an author is dead, his or her termination 
        interest is owned, and may be exercised, as follows:
                    (A) [the] The widow or widower owns the 
                author's entire termination interest unless 
                there are any surviving children or 
                grandchildren of the author, in which case the 
                widow or widower owns one-half of the author's 
                interest[;].
                    (B) [the] The author's surviving children, 
                and the surviving children of any dead child of 
                the author, own the author's entire termination 
                interest unless there is a widow or widower, in 
                which case the ownership of one-half of the 
                author's interest is divided among them[;].
                    (C) [the] The rights of the author's 
                children and grandchildren are in all cases 
                divided among them and exercised on a per 
                stirpes basis according to the number of such 
                author's children represented; the share of the 
                children of a dead child in a termination 
                interest can be exercised only by the action of 
                a majority of them.

           *       *       *       *       *       *       *

                   CHAPTER 3--DURATION OF COPYRIGHT

           *       *       *       *       *       *       *

Sec. 304. Duration of copyright: Subsisting copyrights

    (a)  * * *

           *       *       *       *       *       *       *

    (c) Termination of Transfers and Licenses Covering Extended 
Renewal Term.--In the case of any copyright subsisting in 
either its first or renewal term on January 1, 1978, other than 
a copyright in a work made for hire, the exclusive or 
nonexclusive grant of a transfer or license of the renewal 
copyright or any right under it, executed before January 1, 
1978, by any of the persons designated by subsection (a)(1)(C) 
of this section, otherwise than by will, is subject to 
termination under the following conditions:
            (1)  * * *
            (2) Where an author is dead, his or her termination 
        interest is owned, and may be exercised, as follows:
                    (A) [the] The widow or widower owns the 
                author's entire termination interest unless 
                there are any surviving children or 
                grandchildren of the author, in which case the 
                widow or widower owns one-half of the author's 
                interest[;].
                    (B) [the] The author's surviving children, 
                and the surviving children of any dead child of 
                the author, own the author's entire termination 
                interest unless there is a widow or widower, in 
                which case the ownership of one-half of the 
                author's interest is divided among them[;].
                    (C) [the] The rights of the author's 
                children and grandchildren are in all cases 
                divided among them and exercised on a per 
                stirpes basis according to the number of such 
                author's children represented; the share of the 
                children of a dead child in a termination 
                interest can be exercised only by the action of 
                a majority of them.

           *       *       *       *       *       *       *

            CHAPTER 5--COPYRIGHT INFRINGEMENT AND REMEDIES

           *       *       *       *       *       *       *

Sec. 501. Infringement of copyright

    (a) Anyone who violates any of the exclusive rights of the 
copyright owner as provided by sections [106 through 121] 106 
through 122 or of the author as provided in section 106A(a), or 
who imports copies or phonorecords into the United States in 
violation of section 602, is an infringer of the copyright or 
right of the author, as the case may be. For purposes of this 
chapter (other than section 506), any reference to copyright 
shall be deemed to include the rights conferred by section 
106A(a). As used in this subsection, the term ``anyone'' 
includes any State, any instrumentality of a State, and any 
officer or employee of a State or instrumentality of a State 
acting in his or her official capacity. Any State, and any such 
instrumentality, officer, or employee, shall be subject to the 
provisions of this title in the same manner and to the same 
extent as any nongovernmental entity.

           *       *       *       *       *       *       *

Sec. 511. Liability of States, instrumentalities of States, and State 
                    officials for infringement of copyright

    (a) In General.--Any State, any instrumentality of a State, 
and any officer or employee of a State or instrumentality of a 
State acting in his or her official capacity, shall not be 
immune, under the Eleventh Amendment of the Constitution of the 
United States or under any other doctrine of sovereign 
immunity, from suit in Federal court by any person, including 
any governmental or nongovernmental entity, for a violation of 
any of the exclusive rights of a copyright owner provided by 
sections [106 through 121] 106 through 122, for importing 
copies of phonorecords in violation of section 602, or for any 
other violation under this title.

           *       *       *       *       *       *       *

          CHAPTER 9--PROTECTION OF SEMICONDUCTOR CHIP PRODUCTS

Sec.
901.    Definitions.
     * * * * * * *
903.    Ownership, transfer, [licensure] licensing, and recordation.
     * * * * * * *
                              ----------                              

              SECTION 2319 OF TITLE 18, UNITED STATES CODE

Sec. 2319. Criminal infringement of a copyright

    (a)  * * *

           *       *       *       *       *       *       *

    (e) As used in this section--
            (1)  * * *
            (2) the terms ``reproduction'' and ``distribution'' 
        refer to the exclusive rights of a copyright owner 
        under clauses (1) and (3) respectively of section 106 
        (relating to exclusive rights in copyrighted works), as 
        limited by sections [107 through 120] 107 through 122, 
        of title 17.

           *       *       *       *       *       *       *

                              ----------                              

               SECTION 105 OF THE ACT OF OCTOBER 19, 1976

 AN ACT For the general revision of the Copyright Law, title 17 of the 
               United States Code, and for other purposes

    Sec. 105. (a)  * * *

           *       *       *       *       *       *       *

    (f) Subsection (a) of [section 290(e) of title 15] section 
6 of the Standard Reference Data Act (15 U.S.C. 290e) is 
amended by deleting the phrase ``section 8'' and inserting in 
lieu thereof the phrase ``section 105''.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 6 OF THE STANDARD REFERENCE DATA ACT

    Sec. 6. (a) [Notwithstanding the limitations contained in 
section 105 of title 17 of the United States Code,] 
Notwithstanding the limitations under section 105 of title 17, 
United States Code, the Secretary may secure copyright and 
renewal thereof on behalf of the United States as author or 
proprietor in all or any part of any standard reference data 
which he prepares or makes available under this Act, and may 
authorize the reproduction and publication thereof by others.

           *       *       *       *       *       *       *

                                  
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