II 

108TH CONGRESS 

1ST 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 

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’’. 

7 SEC. 2. HARMLESS ERRORS IN REGISTRATION CERTIFI8 CATES. 

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

10 States Code, is amended—
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•S 1933 IS 

1 (1) by redesignating subsection (b) as sub2 section (c); and 

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

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

5 requirements of this section and section 412 irrespective 

6 of any inaccurate information therein, unless—

7 ‘‘(A) the inaccurate information was included 

8 on the application for copyright registration with 

9 knowledge that it was inaccurate; and 

10 ‘‘(B) the inaccurate information, if known, 

11 would have caused the Register of Copyrights to 

12 refuse registration. 

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

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

15 the Register of Copyrights to advise the court whether the 

16 inaccurate information, if known, would have caused the 

17 Register of Copyrights to refuse registration.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

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

21 411(c)’’. 

22 SEC. 3. COMPUTATION OF STATUTORY DAMAGES. 

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

24 amended in the second sentence by inserting before the 

25 period ‘‘, except that the court in its discretion may deter-
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1 mine that such parts are separate works if the court con2 cludes that they are distinct works having independent 

3 economic value’’. 

4 SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYS5 ICAL PRODUCT CONFIGURATIONS. 

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

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

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

9 SEC. 5. REPORT TO CONGRESS. 

10 The Attorney General shall include in the report of 

11 the Attorney General to Congress on the business of the 

12 Department of Justice, prepared under section 522 of title 

13 28, United States Code, the number of misdemeanor pros14 ecutions and the number of felony prosecutions under sec15 tions 2252, 2252A, 2252B, 2260, 2318, 2319, 2319A, 

16 and 2320 of title 18, United States Code, commenced and 

17 concluded during the last preceding fiscal year, including, 

18 in the case of those offenses where applicable, detailed in19 formation concerning—

20 (1) the types of works involved; 

21 (2) the tangible media of expression and means 

22 of reproduction and distribution involved; and 

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

24 disposition of such prosecutions, such as the number 
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1 of convictions and acquittals, and the sentences im2 posed. 

3 SEC. 6. INVESTIGATION OF INTELLECTUAL PROPERTY 

4 CRIMES. 

5 (a) REQUIRED STAFFING.—The Attorney General 

6 shall ensure that any unit in the Department of Justice 

7 responsible for investigating computer hacking or respon8 sible for investigating intellectual property crimes is as9 signed at least 1 agent to support such unit for the pur10 pose of investigating crimes relating to the theft of intel11 lectual property and that each such agent has received 

12 training in the investigation and enforcement of intellec13 tual property crimes. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Department of 

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

17 2007, 2008, and 2009 to carry out the requirements of 

18 subsection (a).

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