Union Calendar No. 214
103D CONGRESS
1ST SESSION
H. R. 897
[Report No. 103–388]
A BILL
To amend title 17, United States Code, to modify
certain recordation and registration require-
ments, to establish copyright arbitration royalty
panels to replace the Copyright Royalty Tribunal,
and for other purposes.
NOVEMBER 20, 1993
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 214
103D CONGRESS
1ST SESSION
H. R. 897
[Report No. 103–388]
To amend title 17, United States Code, to modify certain recordation and
registration requirements, to establish copyright arbitration royalty panels
to replace the Copyright Royalty Tribunal, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 1993
Mr. HUGHES (for himself and Mr. FRANK of Massachusetts) introduced the
following bill; which was referred to the Committee on the Judiciary
NOVEMBER 20, 1993
Additional sponsors: Mr. CHAPMAN, Mr. MACHTLEY, Mr. OBERSTAR, and Ms.
PELOSI
NOVEMBER 20, 1993
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 16, 1993]
A BILL
To amend title 17, United States Code, to modify certain
recordation and registration requirements, to establish
copyright arbitration royalty panels to replace the Copy-
right Royalty Tribunal, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Copyright Reform Act
of 1993’’.
SEC. 2. DEPOSIT OF COPIES OR PHONORECORDS FOR LI-
BRARY OF CONGRESS.
Section 407 of title 17, United States Code, is amended
as follows:
(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 publica-
tion—’’.
(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 Federal
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 calendar
year. The Librarian shall review such statement annually
in light of the changes in the Library’s policies and proce-
dures, changes in technology, and changes in patterns 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 re-
quirements 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 strik-
ing ‘‘cost of’’ and inserting ‘‘cost to’’;
(G) in subparagraph (C) (as redesignated
by subparagraph (A) of this paragraph) by strik-
ing ‘‘clauses (1) and (2)’’ and inserting ‘‘sub-
paragraphs (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 Con-
gress and other interested organizations and offi-
cials,’’ and inserting ‘‘Librarian of Congress
shall, after consulting with interested organiza-
tions and officials,’’; and
(C) in paragraph (2) by striking ‘‘Register
of Copyrights’’ and inserting ‘‘Librarian of Con-
gress’’.
(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.—Immediately
upon the publication in the United States of any work in
which copyright subsists under this title, it shall be the obli-
gation of the persons identified in subsection (a) with re-
spect to that work, subject to the requirements and excep-
tions specified in this section, to deposit, for the use or dis-
position of the Library of Congress, the copies or
phonorecords specified in such subsection. The obligation to
make such deposit arises without any prior notification or
demand for compliance with subsection (a).
‘‘(g) RECORDS OF DEPOSITS.—The Librarian of Con-
gress shall establish and maintain public records of the re-
ceipt of copies and phonorecords deposited under this sec-
tion.
‘‘(h) DATABASE OF DEPOSIT RECORDS.—The Librar-
ian of Congress shall establish and maintain an electronic
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 amend-
ed—
(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 Reg-
ister determines that the purposes of examina-
tion, registration, and deposit can be adequately
served by deposit of descriptive material 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 insert-
ing ‘‘collective works, including periodicals, pub-
lished within a 5-year period, on the basis of a
single deposit and application and upon pay-
ment of any special registration fee imposed
under section 708(a)(10), if the application iden-
tifies each work separately, including the collec-
tive work containing it and its date of first pub-
lication.’’; 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 reg-
ulations 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 collections of
the Library of Congress, and in order to simplify the reg-
istration 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 application’’;
(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 organi-
zations 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, pseudony-
mous, or made for hire; and
‘‘(D) the work as a whole, or substantial
portions of it, have not been previously published
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 prep-
aration or identification of the work or the exist-
ence, ownership, or duration of the copyright;
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 licenses
to use the work, and any information with re-
spect to the terms of such permissions or li-
censes.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section take effect 6 months after the date of the enactment
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 striking sub-
sections (a) and (b) and inserting the following:
‘‘(a) DETERMINATION OF REGISTER.—If, after exam-
ination, the Register of Copyrights determines, in accord-
ance with the provisions of this title, that there is no reason-
able possibility that a court would hold the work for which
a deposit is made pursuant to section 408(c) to be copy-
rightable subject matter, or the Register determines 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 certifi-
cate 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 certificate shall contain the informa-
tion set forth in the application, 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 copyright.
Such procedure shall include a final appeal to the Reg-
ister.’’.
(b) JUDICIAL PROCEEDINGS.—Subsection (c) of section
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 reason-
able reliance on counsel shall not affect the validity
of the registration. In no case shall an incorrect state-
ment made in an application for copyright registra-
tion invalidate the copyright.’’.
(c) TECHNICAL AMENDMENT.—Subsection (d) of sec-
tion 410 of title 17, United States Code, is amended by in-
serting ‘‘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 amended—
(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 transmission
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 amend-
ed—
(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 par-
ticular emphasis on the implementation of section 407(e)
of such title with respect to the deposit of transmission pro-
grams, as well as possible alternative methods of obtaining
deposits if the mandatory deposit requirements of such sec-
tion 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 subsection
(a) shall be conducted by the Register of Copyright, in con-
sultation with any affected interests, and may include the
(B) by striking ‘‘processs’’ and inserting
‘‘process’’.
(2) The definition of ‘‘registration’’ contained in
section 101 is amended by striking ‘‘412,’’.
(3) Section 108(e) is amended in the matter pre-
ceding paragraph (1) by striking ‘‘pair’’ and insert-
ing ‘‘fair’’.
(4) Section 109(b)(2)(B) is amended by striking
‘‘Copyright’’ and inserting ‘‘Copyrights’’.
(5) Section 304(c) is amended in the matter pre-
ceding paragraph (1) by striking ‘‘the subsection
(a)(1)(C) and inserting ‘‘subsection (a)(1)(C)’’.
(6) Section 405(b) is amended by striking ‘‘con-
dition or’’ and inserting ‘‘condition for’’.
(7) The item relating to section 504 in the table
of sections at the beginning of chapter 5 is amended
by striking ‘‘Damage’’ and inserting ‘‘Damages’’.
(8) Section 501(a) is amended by striking ‘‘sec-
tions 106 through 118’’ and inserting ‘‘section 106’’.
(9) Section 509(b) is amended by striking ‘‘mer-
chandise; and baggage’’ and inserting ‘‘merchandise,
and baggage’’.
(10) Section 601 of title 17, United States Code,
is amended—
(A) 
in 
subsection 
(a) 
by 
striking
‘‘nondramtic’’ and inserting ‘‘nondramatic’’; and
(B) 
in 
subsection 
(b)(1) 
by 
striking
‘‘subsustantial’’ and inserting ‘‘substantial’’.
(11) Section 801(b)(4) of title 17, United States
Code, is amended by adding a period after ‘‘chapter
10’’.
(12) The item relating to section 903 in the table
of sections at the beginning of chapter 9 is amended
to read as follows:
‘‘903. Ownership, transfer, licensing, and recordation.’’.
(13) Section 909(b)(1) is amended—
(A) by striking ‘‘force’’ and inserting
‘‘work’’; and
(B) by striking ‘‘sumbol’’ and inserting
‘‘symbol’’.
(14) Section 910(a) is amended in the second
sentence by striking ‘‘as used’’ and inserting ‘‘As
used’’.
(15) Section 1006(b)(1) is amended by striking
‘‘Federation Television’’ and inserting ‘‘Federation of
Television’’.
(16) Section 1007 is amended—
(A) in subsection (a)(1) by striking ‘‘the
calendar year in which this chapter takes effect’’
and inserting ‘‘calendar year 1992’’; and
(B) in subsection (b) by striking ‘‘the year
in which this section takes effect’’ and inserting
‘‘1992’’.
(17) The table of chapters at the beginning of
title 17, United States Code, is amended—
(A) by amending the item relating to chap-
ter 6 to read as follows:
‘‘6. Manufacturing Requirements and Importation ...............
601’’;
(B) by amending the item relating to chap-
ter 9 to read as follows:
‘‘9. Protection of Semiconductor Chip Products ......................
901’’;
and
(C) by adding at the end the following:
‘‘10. Digital Audio Recording Devices and Media ................... 1001’’.
(b) OTHER
PROVISIONS
OF
LAW.—(1) Section
2319(b)(1) of title 18, United States Code, is amended by
striking ‘‘at last’’ and inserting ‘‘at least’’.
(2) Section 1(a)(1) of the Act entitled ‘‘An Act to
amend chapter 9 of title 17, United States Code, regarding
protection extended to semiconductor chip products of for-
eign entities’’, approved November 9, 1987 (17 U.S.C. 914
note), is amended by striking ‘‘orginating’’ and inserting
‘‘originating’’.
(3) Section 3(a)(1)(C) of the Audio Home Recording
Act of 1992 is amended by striking ‘‘adding the following
new paragraph at the end’’ and inserting ‘‘inserting after
paragraph (3) the following new paragraph’’.
SEC. 13. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section 4(b),
and subject to subsection (b) of this section, this Act and
the amendments made by this Act take effect on the date
of the enactment of this Act.
(b) PENDING ACTIONS.—The amendments and repeals
made by section 6 shall not affect any action brought under
title 17, United States Code, before the date of the enactment
of this Act.
Amend the title so as to read: ‘‘A bill to amend title
17, United States Code, to modify certain registration re-
quirements, and for other purposes.’’.
HR 897 RH——2