(1) Subsection (a) is amended by striking ‘‘(a)’’
and all that follows through ‘‘publication—’’ and in-
serting the following:
‘‘(a) REQUIRED DEPOSITS.—Except as provided in
subsection (c), the owner of copyright in a work or of the
exclusive right of publication of a work in the United
States shall deposit, after the earliest date of such
publication—’’.
(2) Subsection (b) is amended—
(A) by inserting ‘‘DEPOSIT IN COPYRIGHT
OFFICE.—’’ after ‘‘(b)’’; and
(B) by adding at the end the following: ‘‘A
deposit made under this section may be used to
satisfy the deposit requirements of section
408.’’.
(3) Subsection (c) is amended—
(A) by inserting ‘‘REGULATIONS.—’’ after
‘‘(c)’’; and
(B) by striking ‘‘Register of Copyrights’’
and inserting ‘‘Librarian of Congress’’.
(4) Subsection (d) is amended—
(A) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C), re-
spectively;
(B) by striking ‘‘(d) At any time after pub-
lication of a work as provided by subsection
(a)’’ and inserting the following:
‘‘(d) PROCEDURES.—(1) During November of each
year, the Librarian of Congress shall publish in the Fed-
eral Register a statement of the categories of works of
which the Library of Congress wishes to acquire copies
or phonorecords under this section during the next cal-
endar year. The Librarian shall review such statement an-
nually in light of the changes in the Library’s policies and
procedures, changes in technology, and changes in pat-
terns of publication. The statement shall also describe—
‘‘(A) the types of works of which only one copy
or phonorecord need be deposited;
‘‘(B) the types of works for which the deposit
requirements may be fulfilled by placing the Library
of Congress on a subscription list; and
‘‘(C) the categories of works which are exempt
under subsection (c) from the deposit requirements.
‘‘(2) At any time after publication in the United
States of a work or body of works’’;
(C) by striking ‘‘Register of Copyrights’’
and inserting ‘‘Librarian of Congress’’;
(D) by inserting after the first sentence
the following: ‘‘Such demand shall specify a
date for compliance with the demand.’’;
(E) by inserting ‘‘in a civil action’’ after
‘‘are liable’’;
(F) in subparagraph (B) (as redesignated
by subparagraph (A) of this paragraph) by
striking ‘‘cost of’’ and inserting ‘‘cost to’’;
(G) in subparagraph (C) (as redesignated
by subparagraph (A) of this paragraph) by
striking ‘‘clauses (1) and (2)’’ and inserting
‘‘subparagraphs (A) and (B)’’; and
(H) by adding after subparagraph (C) (as
so redesignated) the following:
‘‘In addition to the penalties set forth in subparagraphs
(A), (B), and (C), the person against whom an action is
brought under this paragraph shall be liable in such action
for all costs of the United States in pursuing the demand,
including an amount equivalent to a reasonable attorney’s
fee.’’.
(5) Subsection (e) is amended—
(A) by inserting ‘‘TRANSMISSION
PRO-
GRAMS.—’’ after ‘‘(e)’’;
(B) by striking ‘‘Register of Copyrights
shall, after consulting with the Librarian of
Congress and other interested organizations
and officials,’’ and inserting ‘‘Librarian of Con-
gress shall, after consulting with interested or-
ganizations and officials,’’; and
(C) in paragraph (2) by striking ‘‘Register
of Copyrights’’ and inserting ‘‘Librarian of
Congress’’.
(6) Section 407 of title 17, United States Code,
is further amended by adding at the end the follow-
ing:
‘‘(f) OBLIGATION
TO
MAKE
DEPOSITS.—Imme-
diately upon the publication in the United States of any
work in which copyright subsists under this title, it shall
be the obligation of the persons identified in subsection
(a) with respect to that work, subject to the requirements
and exceptions specified in this section, to deposit, for the
use or disposition of the Library of Congress, the copies
or phonorecords specified in such subsection. The obliga-
tion to make such deposit arises without any prior notifi-
cation or demand for compliance with subsection (a).
‘‘(g) RECORDS
OF DEPOSITS.—The Librarian of
Congress shall establish and maintain public records of
the receipt of copies and phonorecords deposited under
this section.
‘‘(h) DATABASE OF DEPOSIT RECORDS.—The Li-
brarian of Congress shall establish and maintain an elec-
tronic database containing its records of all deposits made
under this section on and after October 1, 1995, and shall
make such database available to the public through one
or more international information networks.
‘‘(i) DELEGATION AUTHORITY.—The Librarian of
Congress may delegate to the Register of Copyrights or
other officer or employee of the Library of Congress any
of the Librarian’s responsibilities under this section.’’.
SEC. 3. COPYRIGHT REGISTRATION IN GENERAL.
Section 408 of title 17, United States Code, is
amended—
(1) in subsection (c)—
(A) in paragraph (1) by adding at the end
the following: ‘‘The Register is also authorized
to specify by regulation classes of material in
which registration may be made without deposit
of any copy or phonorecord, in cases in which
the Register determines that the purposes of
examination, registration, and deposit can be
adequately served by deposit of descriptive ma-
terial only, or by a written obligation to deposit
copies or phonorecords at a later date.’’; and
(B) in paragraph (2) by striking ‘‘periodi-
cals, including newspapers’’ and all that follows
through the end of subparagraph (B) and in-
serting ‘‘collective works, including periodicals,
published within a 5-year period, on the basis
of a single deposit and application and upon
payment of any special registration fee imposed
under section 708(a)(10), if the application
identifies each work separately, including the
collective work containing it and its date of first
publication.’’; and
(2) by adding at the end the following:
‘‘(f) COPYRIGHT OFFICE HEARINGS.—Not later than
1 year after the effective date of this subsection, and at
1-year intervals thereafter, the Register of Copyrights
shall hold public hearings to consider proposals to amend
the regulations and practices of the Copyright Office with
respect to deposit of works in order to eliminate deposits
that are unnecessary for copyright examination or the col-
lections of the Library of Congress, and in order to sim-
plify the registration procedures.’’.
SEC. 4. APPLICATION FOR COPYRIGHT REGISTRATION.
(a) APPLICATIONS.—Section 409 of title 17, United
States Code, is amended—
(1) by striking ‘‘The application’’ and inserting
‘‘(a) CONTENTS
OF APPLICATION.—The applica-
tion’’;
(2) in paragraph (5) by inserting before the
semicolon the following: ‘‘, and if the document by
which ownership was obtained has been recorded in
the Copyright Office, the volume and page number
of such recordation’’;
(3) by striking paragraphs (9) and (10) and in-
serting the following:
‘‘(9) in the case of a compilation or derivative
work, an identification of any preexisting work or
works that it is substantially based on or substan-
tially incorporates, and a brief, general statement of
the additional material covered by the copyright
claim being registered;
‘‘(10) at the option of the applicant, names, ad-
dresses, and telephone numbers of persons or orga-
nizations that potential users of the work should
contact concerning permissions or licenses to use the
work, and any information with respect to the terms
of such permissions or licenses; and’’; and
(4) by adding at the end the following:
‘‘(b) SHORT-FORM APPLICATION.—
‘‘(1) USE OF SHORT-FORM.—The Register of
Copyrights shall prescribe a short-form application
which may be used whenever—
‘‘(A) the work is by a living author;
‘‘(B) the claimant is the author;
‘‘(C) the work is not anonymous, pseudon-
ymous, or made for hire; and
‘‘(D) the work as a whole, or substantial
portions of it, have not been previously pub-
lished or registered.
‘‘(2) CONTENTS OF SHORT-FORM.—The short-
form application shall include—
‘‘(A) the name and address of the author;
‘‘(B) the title of the work;
‘‘(C) the nationality or domicile of the au-
thor;
‘‘(D) the year in which creation of the
work was completed;
‘‘(E) if the work has been published, the
date and nation of its first publication;
‘‘(F) any other information regarded by
the Register of Copyrights as bearing upon the
preparation or identification of the work or the
existence, ownership, or duration of the copy-
right; and
‘‘(G) at the option of the applicant, names,
addresses, and telephone numbers of persons or
organizations that potential users of the work
should contact concerning permissions or li-
censes to use the work, and any information
with respect to the terms of such permissions or
licenses.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section take effect 6 months after the date of the en-
actment of this Act.
SEC. 5. REGISTRATION OF CLAIM AND ISSUANCE OF CER-
TIFICATE.
(a) DETERMINATION
OF REGISTRATION.—Section
410 of title 17, United States Code, is amended by strik-
ing subsections (a) and (b) and inserting the following:
‘‘(a) DETERMINATION OF REGISTER.—If, after ex-
amination, the Register of Copyrights determines, in ac-
cordance with the provisions of this title, that there is no
reasonable possibility that a court would hold the work
for which a deposit is made pursuant to section 408(c)
to be copyrightable subject matter, or the Register deter-
mines that the claim is invalid for any other reason, the
Register shall refuse registration and notify the applicant
in writing of the reasons for such refusal. In all other
cases, the Register shall register the claim and issue to
the applicant a certificate of registration under the seal
of the Copyright Office. A certificate of registration issued
under this section extends only to those component parts
of the work that both are the subject matter of copyright
and the copyright owner has the right to claim. The cer-
tificate shall contain the information set forth in the appli-
cation, together with the number and effective date of the
registration.
‘‘(b) APPEALS PROCEDURE.—The Register of Copy-
rights shall establish, and publish in the Federal Register,
a formal procedure by which appeals may be taken from
refusals under subsection (a) to register claims to copy-
right. Such procedure shall include a final appeal to the
Register.’’.
(b) JUDICIAL PROCEEDINGS.—Subsection (c) of sec-
tion 410 of title 17, United States Code, is amended—
(1) by inserting ‘‘EVIDENTIARY WEIGHT
OF
CERTIFICATE.—’’ after ‘‘(c)’’; and
(2) by adding at the end the following: ‘‘Any
error or omission made in good faith or upon rea-
sonable reliance on counsel shall not affect the valid-
ity of the registration. In no case shall an incorrect
statement made in an application for copyright reg-
istration invalidate the copyright.’’.
(c) TECHNICAL AMENDMENT.—Subsection (d) of sec-
tion 410 of title 17, United States Code, is amended by
inserting ‘‘EFFECTIVE DATE OF REGISTRATION.—’’ after
‘‘(d)’’.
SEC. 6. COPYRIGHT REGISTRATION PROVISIONS.
(a) REGISTRATION AND INFRINGEMENT ACTIONS.—
(1) Section 411 of title 17, United States Code, is amend-
ed—
(A) by amending the section caption to read as
follows:
‘‘§ 411. Registration and infringement actions for cer-
tain works’’;
(B) by striking subsection (a); and
(C) in subsection (b)—
(i) by striking ‘‘(b)’’; and
(ii) by striking paragraphs (1) and (2) and
inserting the following:
‘‘(1) serves notice upon the infringer, not less
than 10 or more than 30 days before such fixation,
identifying the work and the specific time and source
of its first transmission; and
‘‘(2) submits an application for registration of
the copyright claim in the work, in accordance with
this title, within 3 months after the first trans-
mission of the work.’’.
(2) The item relating to section 411 in the table of
sections at the beginning of chapter 4 of title 17, United
States Code, is amended to read as follows:
‘‘411. Registration and infringement actions for certain works.’’.
(b) REGISTRATION AS PREREQUISITE TO CERTAIN
REMEDIES FOR INFRINGEMENT.—Section 412 of title 17,
United States Code, and the item relating to section 412
in the table of sections at the beginning of chapter 4 of
title 17, United States Code, are repealed.
SEC. 7. REMEDIES FOR INFRINGEMENT.
Section 504(c)(2) of title 17, United States Code, is
amended in the second sentence—
(1) by striking ‘‘court it’’ and inserting ‘‘court
in’’;
(2) by inserting ‘‘or eliminate’’ after ‘‘reduce’’;
and
(3) by striking ‘‘to a sum of not less than
$200’’.
SEC. 8. NOTIFICATION OF FILING AND DETERMINATION OF
ACTIONS.
Section 508 of title 17, United States Code, is
amended—
(1) in subsection (a)—
(A) in the first sentence by inserting ‘‘and
the party filing the action’’ after ‘‘United
States’’; and
(B) in the second sentence by inserting
‘‘and the party filing the action’’ after ‘‘clerk’’;
and
(2) in subsection (b) by inserting ‘‘and the
party filing the action’’ after ‘‘clerk of the court’’.
SEC. 9. STUDY ON MANDATORY DEPOSIT.
(a) SUBJECT MATTER OF STUDY.—Upon the enact-
ment of this Act, the Librarian of Congress shall conduct
a study of the mandatory deposit provisions of section 407
of title 17, United States Code. Such study shall place
particular emphasis on the implementation of section
407(e) of such title with respect to the deposit of trans-
mission programs, as well as possible alternative methods
of obtaining deposits if the mandatory deposit require-
ments of such section 407 are expanded to authorize the
collection, archival preservation, and use by the Library
of Congress of other publicly transmitted works, including
unpublished works such as computer programs and online
databases.
(b) CONDUCT OF STUDY.—The study under sub-
section (a) shall be conducted by the Register of Copy-
right, in consultation with any affected interests, and may
include the voluntary establishment, in collaboration with
representatives of such interests, of practical tests and
pilot projects.
(c) REPORT
TO CONGRESS.—Not later than 18
months after the date of the enactment of this Act, the
Librarian shall submit to the Congress a report on the
results of the study conducted under this section, together
with recommendations the Librarian has on—
(1) safeguarding the interests of copyright own-
ers whose works are subject to the mandatory de-
posit provisions referred to in subsection (a);
(2) fulfilling the present and future needs of
the Library of Congress with respect to archival and
other collections development; and
(3) any legislation that may be necessary.
SEC. 10. STUDIES OF EFFECTS OF REGISTRATION AND DE-
POSIT PROVISIONS.
Upon the enactment of this Act, the Librarian of
Congress, after consultation with the Register of Copy-
rights and any affected interests, shall commence a study
of the extent to which changes in the registration and de-
posit provisions of title 17, United States Code, that are
made by this Act have affected the acquisitions of the Li-
brary of Congress and the operations of the copyright reg-
istration system, and any recommendations the Librarian
may have with respect to such effects. Not later than 3
years after the date of the enactment of this Act, the Li-
brarian shall submit to the Congress a report on such
study. The Librarian may conduct further studies de-
scribed in the first sentence, and report to the Congress
on such studies.
SEC. 11. CONFORMING AMENDMENTS.
(a) DEFINITIONS.—Section 101 of title 17, United
States Code, is amended by striking the definition of the
‘‘country of origin’’ of a Berne Convention work.
(b) INFRINGEMENT OF COPYRIGHT.—Section 501(b)
of title 17, United States Code, is amended in the first
sentence by striking ‘‘, subject to the requirements of sec-
tion 411,’’.
(c) REMEDIES FOR INFRINGEMENT.—Section 504(a)
of title 17, United States Code, is amended by striking
‘‘Except as otherwise provided by this title, an’’ and in-
serting ‘‘An’’.
SEC. 12. ADDITIONAL TECHNICAL AMENDMENTS.
(a) AMENDMENTS TO TITLE 17, UNITED STATES
CODE.—Title 17, United States Code, is amended as fol-
lows:
(1) The definition of ‘‘publicly’’ contained in
section 101 is amended—
(A) by striking ‘‘clause’’ and inserting
‘‘paragraph’’; and
(B) by striking ‘‘processs’’ and inserting
‘‘process’’.