‘‘(A) January 1, 1996, if the source country
of the restored work is a nation adhering to the
Berne Convention or a WTO member country on
such date, or
‘‘(B) the date of adherence or proclamation,
in the case of any other source country of the re-
stored 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—
‘‘(A) becomes a WTO member country after
the date of the enactment of the Uruguay Round
Agreements Act;
‘‘(B) on such date of enactment is, or after
such date of enactment becomes, a member of the
Berne Convention; or
‘‘(C) after such date of enactment becomes
subject to a proclamation under subsection (g).
For purposes of this section, a nation that is a mem-
ber of the Berne Convention on the date of the enact-
ment of the Uruguay Round Agreements Act shall be
construed to become an eligible country on such date
of enactment.’’.
SEC. 3. LICENSES FOR NONEXEMPT SUBSCRIPTION TRANS-
MISSIONS.
Section 114(f) of title 17, United States Code, is
amended—
(1) in paragraph (1), by inserting ‘‘, or, if a
copyright arbitration royalty panel is convened, end-
ing 30 days after the Librarian issues and publishes
in the Federal Register an order adopting the deter-
mination of the copyright arbitration royalty panel
or an order setting the terms and rates (if the Librar-
ian rejects the panel’s determination)’’ after ‘‘Decem-
ber 31, 2000’’; and
(2) in paragraph (2), by striking ‘‘and publish
in the Federal Register’’.
SEC. 4. ROYALTY PAYABLE UNDER COMPULSORY LICENSE.
Section 115(c)(3)(D) of title 17, United States Code,
is amended by striking ‘‘and publish in the Federal Reg-
ister’’.
SEC. 5. NEGOTIATED LICENSE FOR JUKEBOXES.
Section 116 of title 17, United States Code, is amend-
ed—
(1) by amending subsection (b)(2) to read as fol-
lows:
‘‘(2) ARBITRATION.—Parties not subject to such
a negotiation may determine, by arbitration in ac-
cordance with the provisions of chapter 8, the terms
and rates and the division of fees described in para-
graph (1).’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) DEFINITIONS.—As used in this section, the follow-
ing terms mean the following:
‘‘(1) A ‘coin-operated phonorecord player’ is a
machine or device that—
‘‘(A) is employed solely for the performance
of nondramatic musical works by means of
phonorecords upon being activated by the inser-
tion of coins, currency, tokens, or other monetary
units or their equivalent;
‘‘(B) is located in an establishment making
no direct or indirect charge for admission;
‘‘(C) is accompanied by a list which is com-
prised of the titles of all the musical works avail-
able for performance on it, and is affixed to the
phonorecord player or posted in the establish-
ment in a prominent position where it can be
readily examined by the public; and
‘‘(D) affords a choice of works available for
performance and permits the choice to be made
by the patrons of the establishment in which it
is located.
‘‘(2) An ‘operator’ is any person who, alone or
jointly with others—
‘‘(A) owns a coin-operated phonorecord
player;
‘‘(B) has the power to make a coin-operated
phonorecord player available for placement in
an establishment for purposes of public perform-
ance; or
‘‘(C) has the power to exercise primary con-
trol over the selection of the musical works made
available for public performance on a coin-oper-
ated phonorecord player.’’.
SEC. 6. REGISTRATION AND INFRINGEMENT ACTIONS.
Section 411(b)(1) of title 17, United States Code, is
amended to read as follows:
‘‘(1) serves notice upon the infringer, not less
than 48 hours before such fixation, identifying the
work and the specific time and source of its first
transmission, and declaring an intention to secure
copyright in the work; and’’.
SEC. 7. COPYRIGHT OFFICE FEES.
(a) FEE INCREASES.—Section 708(b) of title 17, Unit-
ed States Code, is amended to read as follows:
‘‘(b) In calendar year 1997 and in any subsequent cal-
endar year, the Register of Copyrights, by regulation, may
increase the fees specified in subsection (a) in the following
manner:
‘‘(1) The Register shall conduct a study of the
costs incurred by the Copyright Office for the registra-
tion of claims, the recordation of documents, and the
provision of services. The study shall also consider the
timing of any increase in fees and the authority to
use such fees consistent with the budget.
‘‘(2) The Register may, on the basis of the study
under paragraph (1), and subject to paragraph (5),
increase fees to not more than that necessary to cover
the reasonable costs incurred by the Copyright Office
for the services described in paragraph (1), plus a
reasonable inflation adjustment to account for any es-
timated increase in costs.
‘‘(3) Any fee established under paragraph (2)
shall be rounded off to the nearest dollar, or for a fee
less than $12, rounded off to the nearest 50 cents.
‘‘(4) Fees established under this subsection shall
be fair and equitable and give due consideration to
the objectives of the copyright system.
‘‘(5) If the Register determines under paragraph
(2) that fees should be increased, the Register shall
prepare a proposed fee schedule and submit the sched-
ule with the accompanying economic analysis to the
Congress. The fees proposed by the Register may be
instituted after the end of 120 days after the schedule
is submitted to the Congress unless, within that 120-
day period, a law is enacted stating in substance that
the Congress does not approve the schedule.’’.
(b) DEPOSIT OF FEES.—Section 708(d) of such title
is amended to read as follows:
‘‘(d)(1) Except as provided in paragraph (2), all fees
received under this section shall be deposited by the Register
of Copyrights in the Treasury of the United States and shall
be credited to the appropriations for necessary expenses of
the Copyright Office. Such fees that are collected shall re-
main available until expended. The Register may, in ac-
cordance with regulations that he or she shall prescribe, re-
fund any sum paid by mistake or in excess of the fee re-
quired by this section.
‘‘(2) In the case of fees deposited against future serv-
ices, the Register of Copyrights shall request the Secretary
of the Treasury to invest in interest-bearing securities in
the United States Treasury any portion of the fees that,
as determined by the Register, is not required to meet cur-
rent deposit account demands. Funds from such portion of
fees shall be invested in securities that permit funds to be
available to the Copyright Office at all times if they are
determined to be necessary to meet current deposit account
timeliness or the failure to establish the basis for a
claim’’; and
(3) by amending subsection (d) to read as fol-
lows:
‘‘(d) SUPPORT AND REIMBURSEMENT OF ARBITRATION
PANELS.—The Librarian of Congress, upon the rec-
ommendation of the Register of Copyrights, shall provide
the copyright arbitration royalty panels with the necessary
administrative services related to proceedings under this
chapter, and shall reimburse the arbitrators presiding in
distribution proceedings at such intervals and in such man-
ner as the Librarian shall provide by regulation. Each such
arbitrator is an independent contractor acting on behalf of
the United States, and shall be hired pursuant to a signed
agreement between the Library of Congress and the arbitra-
tor. Payments to the arbitrators shall be considered reason-
able costs incurred by the Library of Congress and the
Copyright Office for purposes of section 802(h)(1).’’.
(b) PROCEEDINGS.—Section 802 of title 17, United
States Code, is amended—
(1) in subsection (c) by striking the last sentence;
and
(2) in subsection (h) by amending paragraph (1)
to read as follows:
‘‘(1) DEDUCTION OF COSTS OF LIBRARY OF CON-
GRESS
AND
COPYRIGHT
OFFICE
FROM
ROYALTY
FEES.—The Librarian of Congress and the Register of
Copyrights may, to the extent not otherwise provided
under this title, deduct from royalty fees deposited or
collected under this title the reasonable costs incurred
by the Library of Congress and the Copyright Office
under this chapter. Such deduction may be made be-
fore the fees are distributed to any copyright claim-
ants. In addition, all funds made available by an ap-
propriations Act as offsetting collections and avail-
able for deductions under this subsection shall remain
available until expended. In ratemaking proceedings,
the reasonable costs of the Librarian of Congress and
the Copyright Office shall be borne by the parties to
the proceedings as directed by the arbitration panels
under subsection (c).’’.
SEC. 9. DIGITAL AUDIO RECORDING DEVICES AND MEDIA.
Section 1007(b) of title 17, United States Code, is
amended by striking ‘‘Within 30 days after’’ in the first
sentence and inserting ‘‘After’’.
SEC. 10. CONFORMING AMENDMENT.
Section 4 of the Digital Performance Right in Sound
Recordings Act of 1995 (Public Law 104–39) is amended
by redesignating paragraph (5) as paragraph (4).
SEC. 11. MISCELLANEOUS TECHNICAL AMENDMENTS.
(a) AMENDMENTS
TO TITLE 17, UNITED STATES
CODE.—Title 17, United States Code, is amended as fol-
lows:
(1) The table of chapters at the beginning of title
17, United States Code, is amended—
(A) in the item relating to chapter 6, by
striking ‘‘Requirement’’ and inserting ‘‘Re-
quirements’’;
(B) in the item relating to chapter 8, by
striking ‘‘Royalty Tribunal’’ and inserting
‘‘Arbitration Royalty Panels’’;
(C) in the item relating to chapter 9, by
striking ‘‘semiconductor chip products’’
and inserting ‘‘Semiconductor Chip Prod-
ucts’’; and
(D) by inserting after the item relating to
chapter 9 the following:
‘‘10. Digital Audio Recording Devices and Media ................... 1001’’.
(2) The item relating to section 117 in the table
of sections at the beginning of chapter 1 is amended
to read as follows:
‘‘117. Limitations on exclusive rights: Computer programs.’’.
(3) Section 101 is amended in the definition of
to perform or display a work ‘‘publicly’’ by striking
‘‘processs’’ and inserting ‘‘process’’.
(4) Section 108(e) is amended by striking ‘‘pair’’
and inserting ‘‘fair’’.
(5) Section 109(b)(2)(B) is amended by striking
‘‘Copyright’’ and inserting ‘‘Copyrights’’.
(6) Section 110 is amended—
(A) in paragraph (8) by striking the period
at the end and inserting a semicolon;
(B) in paragraph (9) by striking the period
at the end and inserting ‘‘; and’’; and
(C) in paragraph (10) by striking ‘‘4
above’’ and inserting ‘‘(4)’’.
(7) Section 115(c)(3)(E) is amended—
(A) in clause (i) by striking ‘‘sections
106(1) and (3)’’ each place it appears and in-
serting ‘‘paragraphs (1) and (3) of section 106’’;
and
(B) in clause (ii)(II) by striking ‘‘sections
106(1) and 106(3)’’ and inserting ‘‘paragraphs
(1) and (3) of section 106’’.
(8) Section 119(c)(1) is amended by striking
‘‘until unless’’ and inserting ‘‘unless’’.
(9) 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)’’.
(10) Section 405(b) is amended by striking ‘‘con-
dition or’’ and inserting ‘‘condition for’’.
(11) Section 407(d)(2) is amended by striking
‘‘cost of’’ and inserting ‘‘cost to’’.
(12) 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’’.
(13) Section 504(c)(2) is amended by striking
‘‘court it’’ and inserting ‘‘court in’’.
(14) Section 509(b) is amended by striking
‘‘merchandise; and baggage’’ and inserting ‘‘merchan-
dise, and baggage’’.
(15) Section 601(a) is amended by striking
‘‘nondramtic’’ and inserting ‘‘nondramatic’’.
(16) Section 601(b)(1) is amended by striking
‘‘subsustantial’’ and inserting ‘‘substantial’’.
(17) The item relating to section 710 in the table
of sections at the beginning of chapter 7 is amended
by striking ‘‘Reproductions’’ and inserting ‘‘Repro-
duction’’.
(18) The item relating to section 801 in the table
of sections at the beginning of chapter 8 is amended
by striking ‘‘establishment’’ and inserting ‘‘Establish-
ment’’.
(19) Section 801(b) is amended—
(A) by striking ‘‘shall be—’’ and inserting
‘‘shall be as follows:’’;
(B) in paragraph (1) by striking ‘‘to make’’
and inserting ‘‘To make’’;
(C) in paragraph (2)—
(i) by striking ‘‘to make’’ and inserting
‘‘To make’’; and
(ii) in subparagraph (D) by striking
‘‘adjustment; and’’ and inserting ‘‘adjust-
ment.’’; and
(D) in paragraph (3) by striking ‘‘to dis-
tribute’’ and inserting ‘‘To distribute’’.
(20) Section 803(b) is amended in the second
sentence by striking ‘‘subsection subsection’’ and in-
serting ‘‘subsection’’.
(21) 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, licensure, and recordation.’’.
(22) Section 909(b)(1) is amended—
(A) by striking ‘‘force’’ and inserting
‘‘work’’; and
(B) by striking ‘‘sumbol’’ and inserting
‘‘symbol’’.
(23) Section 910(a) is amended in the second
sentence by striking ‘‘as used’’ and inserting ‘‘As
used’’.
(24) Section 1006(b)(1) is amended by striking
‘‘Federation Television’’ and inserting ‘‘Federation of
Television’’.
(25) 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’’.
(b) RELATED PROVISIONS.—
(1) 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 foreign entities’’, approved November 9,
1987 (17 U.S.C. 914 note), is amended by striking
‘‘orginating’’ and inserting ‘‘originating’’.
(2) Section 2319(b)(1) of title 18, United States
Code, is amended by striking ‘‘last 10’’ and inserting
‘‘least 10’’.
SEC. 12. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsections
(b) and (c), the amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) SATELLITE HOME VIEWER ACT.—The amend-
ments made by section 1 shall be effective as if enacted as
part of the Satellite Home Viewer Act of 1994 (Public Law
103–369).
(c) TECHNICAL AMENDMENT.—The amendment made
by section 11(b)(1) shall be effective as if enacted on Novem-
ber 9, 1987.