SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Copyright Clarifica-
tions Act of 1996’’.
SEC. 2. SATELLITE HOME VIEWER ACT.
The Satellite Home Viewer Act of 1994 (Public Law
103–369) is amended as follows:
(1) Section 2(3)(A) is amended to read as fol-
lows:
‘‘(A) in clause (i) by striking ‘12 cents’
and inserting ‘17.5 cents per subscriber in the
case of superstations that as retransmitted by
the satellite carrier include any program which,
if delivered by any cable system in the United
States, would be subject to the syndicated ex-
clusivity rules of the Federal Communications
Commission, and 14 cents per subscriber in the
case of superstations that are syndex-proof as
defined in section 258.2 of title 37, Code of
Federal Regulations; and’ ’’.
(2) Section 2(4) is amended to read as follows:
‘‘(4) Subsection (c) is amended—
‘‘(A) in paragraph (1)—
‘‘(i) by striking ‘until December 31,
1992,’;
‘‘(ii) by striking ‘(2), (3) or (4)’ and
inserting ‘(2) or (3)’; and
‘‘(iii) by striking the second sentence;
‘‘(B) in paragraph (2)—
‘‘(i) in subparagraph (A) by striking
‘July 1, 1991’ and inserting ‘July 1,
1996’; and
‘‘(ii) in subparagraph (D) by striking
‘December 31, 1994’ and inserting ‘De-
cember 31, 1999, or in accordance with
the terms of the agreement, whichever is
later’; and
‘‘(C) in paragraph (3)—
‘‘(i) in subparagraph (A) by striking
‘December 31, 1991’ and inserting ‘Janu-
ary 1, 1997’;
‘‘(ii) by amending subparagraph (B)
to read as follows:
‘(B) 
ESTABLISHMENT
OF
ROYALTY
FEES.—In determining royalty fees under this
paragraph, the copyright arbitration royalty
panel appointed under chapter 8 shall establish
fees for the retransmission of network stations
and superstations that most clearly represent
the fair market value of secondary trans-
missions. In determining the fair market value,
the panel shall base its decision on economic,
competitive, and programming information pre-
sented by the parties, including—
‘(i) the competitive environment in
which such programming is distributed,
the cost of similar signals in similar pri-
vate and compulsory license marketplaces,
and any special features and conditions of
the retransmission marketplace;
‘(ii) the economic impact of such fees
on copyright owners and satellite carriers;
and
‘(iii) the impact on the continued
availability of secondary transmissions to
the public.’; and
‘‘(iii) in subparagraph (C), by insert-
ing ‘or July 1, 1997, whichever is later’
after ‘section 802(g)’.’’.
(3) Section 2(5)(A) is amended to read as fol-
lows:
‘‘(A) in paragraph (5)(C) by striking ‘the
date of the enactment of the Satellite Home
Viewer Act of 1988’ and inserting ‘November
16, 1988’; and’’.
SEC. 3. COPYRIGHT IN RESTORED WORKS.
Section 104A of title 17, United States Code, is
amended as follows:
(1) Subsection (d)(3)(A) is amended to read as
follows:
‘‘(3) EXISTING
DERIVATIVE
WORKS.—(A) In
the case of a derivative work that is based upon a
restored work and is created—
‘‘(i) before the date of the enactment of
the Uruguay Round Agreements Act, if the
source country of the restored work is an eligi-
ble country on such date, or
‘‘(ii) before the date of adherence or proc-
lamation, if the source country of the restored
work is not an eligible country on such date of
enactment,a reliance party may continue to ex-
ploit that derivative work for the duration of
the restored copyright if the reliance party pays
to the owner of the restored copyright reason-
able compensation for conduct which would be
subject to a remedy for infringement but for
the provisions of this paragraph.’’.
(2) Subsection (e)(1)(B)(ii) is amended by
striking the last sentence.
(3) Subsection (h)(2) is amended to read as fol-
lows:
‘‘(2) The ‘date of restoration’ of a restored
copyright is the later of—
‘‘(A) January 1, 1996, the date on which
the Agreement on Trade-Related Aspects of In-
tellectual Property referred to in section
101(d)(15) of the Uruguay Round Agreements
Act enters into force with respect to the United
States, if the source country of the restored
work is a nation adhering to the Berne Conven-
tion or a WTO member country on such date,
or
‘‘(B) the date of adherence or proclama-
tion, in the case of any other source country of
the restored work.’’.
(4) Subsection (h)(3) is amended to read as fol-
lows:
‘‘(3) The term ‘eligible country’ means a nation,
other than the United States, that, after the date of
the enactment of the Uruguay Round Agreements
Act—
‘‘(A) becomes a WTO member,
‘‘(B) is or becomes a member of the Berne
Convention, or
‘‘(C) becomes subject to a proclamation
under subsection (g).’’.