IIB

106TH CONGRESS

1ST SESSION H. R. 1189

IN THE SENATE OF THE UNITED STATES

APRIL 1, 1999

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To make technical corrections in title 17, United States

Code, and other laws.

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. TECHNICAL CORRECTIONS TO TITLE 17,

2 UNITED STATES CODE.

3 (a) EXEMPTION OF CERTAIN PERFORMANCES AND

4 DISPLAYS ON EXCLUSIVE RIGHTS.—Section 110(5) of

5 title 17, United States Code, is amended—

6 (1) by striking ‘‘(A) a direct charge’’ and in7 serting ‘‘(i) a direct charge’’; and

8 (2) by striking ‘‘(B) the transmission’’ and in9 serting ‘‘(ii) the transmission’’.

10 (b) EPHEMERAL RECORDINGS.—Section 112(e) of

11 title 17, United States Code, is amended—

12 (1) by redesignating paragraphs (3) through

13 (10) as paragraphs (2) through (9), respectively;

14 (2) in paragraph (3), as so redesignated, by

15 striking ‘‘(2)’’ and inserting ‘‘(1)’’;

16 (3) in paragraph (4), as so redesignated—

17 (A) by striking ‘‘(3)’’ and inserting ‘‘(2)’’;

18 (B) by striking ‘‘(4)’’ and inserting ‘‘(3)’’;

19 (C) by striking ‘‘(6)’’ and inserting ‘‘(5)’’;

20 and

21 (D) by striking ‘‘(3) and (4)’’ and insert22 ing ‘‘(2) and (3)’’; and

23 (4) in paragraph (6), as so redesignated—

24 (A) by striking ‘‘(4)’’ each place it appears

25 and inserting ‘‘(3)’’; and
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1 (B) by striking ‘‘(5)’’ each place it appears

2 and inserting ‘‘(4)’’.

3 (c) DETERMINATION OF REASONABLE LICENSE

4 FEES FOR INDIVIDUAL PROPRIETORS.—Chapter 5 of title

5 17, United States Code, is amended—

6 (1) by redesignating the section 512 entitled

7 ‘‘Determination of reasonable license fees

8 for individual proprietors’’ as section 513

9 and placing such section after the section 512 enti10 tled ‘‘Limitations on liability relating to

11 material online’’; and

12 (2) in the table of sections at the beginning of

13 that chapter by striking

‘‘512. Determination of reasonable license fees for individual proprietors.’’

14 and inserting

‘‘513. Determination of reasonable license fees for individual proprietors.’’

15 and placing that item after the item entitled

‘‘512. Limitations on liability relating to material online.’’.

16 (d) ONLINE COPYRIGHT INFRINGEMENT LIABIL17 ITY.—Section 512 of title 17, United States Code, is

18 amended—

19 (1) in subsection (e)—

20 (A) by amending the caption to read as

21 follows:

22 ‘‘(e) LIMITATION ON LIABILITY OF NONPROFIT EDU23 CATIONAL INSTITUTIONS.—’’; and
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1 (B) in paragraph (2), by striking ‘‘IN2 JUNCTIONS.—’’; and

3 (2) in paragraph (3) of subsection (j), by

4 amending the caption to read as follows:

5 ‘‘(3) NOTICE AND EX PARTE ORDERS.—’’.

6 (e) INTEGRITY OF COPYRIGHT MANAGEMENT INFOR7 MATION.—Section 1202(e)(2)(B) of title 17, United

8 States Code, is amended by striking ‘‘category or works’’

9 and inserting ‘‘category of works’’.

10 (f) PROTECTION OF DESIGNS.—(1) Section 1302(5)

11 of title 17, United States Code, is amended by striking

12 ‘‘1 year’’ and inserting ‘‘2 years’’.

13 (2) Section 1320(c) of title 17, United States Code,

14 is amended in the subsection caption by striking ‘‘AC15 KNOWLEDGEMENT’’ and inserting ‘‘ACKNOWLEDGMENT’’.

16 SEC. 2. OTHER TECHNICAL CORRECTIONS.

17 (a) CLERICAL AMENDMENT TO TITLE 28, U.S.C.—

18 The section heading for section 1400 of title 28, United

19 States Code, is amended to read as follows:

20 ‘‘§ 1400. Patents and copyrights, mask works, and de21 signs’’.

22 (b) ELIMINATION OF CONFLICTING PROVISION.—

23 Section 5316 of title 5, United States Code, is amended

24 by striking ‘‘Commissioner of Patents, Department of

25 Commerce.’’.
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1 (c) CLERICAL CORRECTION TO TITLE 35, U.S.C.—

2 Section 3(d) of title 35, United States Code, is amended

3 by striking ‘‘, United States Code’’.

Passed the House of Representatives April 13, 1999.

Attest: JEFF TRANDAHL,

Clerk.