II 

Calendar No. 528 

108TH CONGRESS 

2D SESSION S. 1933 

To promote effective enforcement of copyrights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 21, 2003 

Mr. HATCH (for himself, Mrs. FEINSTEIN, and Mr. CORNYN) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

MAY 20, 2004 

Reported by Mr. HATCH, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To promote effective enforcement of copyrights, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enhancing Federal 

5 Obscenity Reporting and Copyright Enforcement Act of 

6 2003 2004’’. 
2 

•S 1933 RS 

1 SEC. 2. HARMLESS ERRORS IN REGISTRATION CERTIFI2 CATES. 

3 (a) IN GENERAL.—Section 411 of title 17, United 

4 States Code, is amended— 

5 (1) by redesignating subsection (b) as sub6 section (c); and 

7 (2) inserting after subsection (a) the following: 

8 ‘‘(b)(1) A certificate of registration shall satisfy the 

9 requirements of this section and section 412 irrespective 

10 of any inaccurate information therein, unless— 

11 ‘‘(A) the inaccurate information was included 

12 on the application for copyright registration with 

13 knowledge that it was inaccurate; and 

14 ‘‘(B) the inaccurate inaccuracy of the informa15 tion, if known, would have caused the Register of 

16 Copyrights to refuse registration. 

17 ‘‘(2) In any case in which inaccuracies described 

18 under paragraph (1) are alleged, the court shall request 

19 the Register of Copyrights to advise the court whether the 

20 inaccurate inaccuracy of the information, if known, would 

21 have caused the Register of Copyrights to refuse registra22 tion.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 Section 412 of title 17, United States Code, is amended 

25 by striking ‘‘section 411(b)’’ and inserting ‘‘section 

26 411(c)’’. 
3 

•S 1933 RS 

1 SEC. 3. COMPUTATION OF STATUTORY DAMAGES. 

2 Section 504(c)(1) of title 17, United States Code, is 

3 amended in the second sentence by inserting before the 

4 period ‘‘, except that the court in its discretion may deter5 mine that such parts are separate works if the court con6 cludes that they are distinct works having independent 

7 economic value’’. 

8 SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYS9 ICAL PRODUCT CONFIGURATIONS. 

10 Section 115(c)(3)(B) of title 17, United States Code, 

11 is amended in the first sentence by striking ‘‘under this 

12 paragraph’’ and inserting ‘‘under this section’’. 

13 SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYS14 ICAL PRODUCT CONFIGURATIONS. 

15 Section 115(c)(3)(B) of title 17, United States Code, 

16 is amended in the first sentence— 

17 (1) by striking ‘‘under this paragraph’’ and in18 serting ‘‘under this section’’; and 

19 (2) by inserting ‘‘on a nonexclusive basis’’ after 

20 ‘‘common agents’’. 

21 SEC. 5. REPORT TO CONGRESS. 

22 The Attorney General shall include in the report of 

23 the Attorney General to Congress on the business of the 

24 Department of Justice, prepared under section 522 of title 

25 28, United States Code, the number of misdemeanor pros26 ecutions and the number of felony prosecutions under sec-
4 

•S 1933 RS 

1 tions 1462, 1464, 1465, 1466, 1466A, 1470, 2252, 2252A, 

2 2252B, 2260, 2318, 2319, 2319A, and 2320 of title 18, 

3 United States Code, commenced and concluded during the 

4 last preceding fiscal year, including, in the case of those 

5 offenses where applicable, detailed information con6 cerning— 

7 (1) the types of works involved; 

8 (2) the tangible media of expression and means 

9 of reproduction and distribution involved; and 

10 (3) in the case of prosecutions concluded, the 

11 disposition of such prosecutions, such as the number 

12 of convictions and acquittals, and the sentences im13 posed. 

14 SEC. 6. INVESTIGATION OF INTELLECTUAL PROPERTY 

15 CRIMES. 

16 (a) REQUIRED STAFFING.—The Attorney General 

17 shall ensure that any unit in the Department of Justice 

18 responsible for investigating computer hacking or respon19 sible for investigating intellectual property crimes is as20 signed at least 1 agent to support such unit for the pur21 pose of investigating crimes relating to the theft of intel22 lectual property and that each such agent has received 

23 training in the investigation and enforcement of intellec24 tual property crimes. 
5 

•S 1933 RS 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Department of 

3 Justice $5,000,000 for each of fiscal years 2005, 2006, 

4 2007, 2008, and 2009 to carry out the requirements of 

5 subsection (a). 
Calendar No. 528 

108TH CONGRESS 

2D SESSION S. 1933 

A BILL 

To promote effective enforcement of copyrights, and 

for other purposes. 

MAY 20, 2004 

Reported with amendments