To make technical amendments to certain provisions of title 17, United States Code.
PL 105-80 (H.R.672), enacted 11/13/1997

PUBLIC LAW 105-80—NOV. 13, 1997 
111 STAT. 1529 
Public Law 105-80 
105th Congress 
An Act 
To make technical amendments to certain provisions of title 17, United States 
Nov. 13, 1997 
Code. 
[H.R. 672] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TECHNICAL CORRECTIONS TO THE SATELLITE HOME 
VIEWER ACT OF 1994. 
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 follows: 
17 USC 119. 
"(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 pro-
gram which, if delivered by any cable system in the United 
States, would be subject to the syndicated exclusivity 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 'December 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 'January 1, 1997'; 
"(ii) by amending subparagraph (B) to read as 
follows: 
'"(B) ESTABLISHMENT OF ROYALTY FEES.—In determin-
ing 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 mar-
ket value of secondary transmissions. In determining the 
39-194 O - 97 - 15 : QL 3 Part 2 
I l l STAT. 1530 
PUBLIC LAW 105-80—NOV. 13, 1997 
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 private and compulsory license market-
places, 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 inserting 'or July 
1, 1997, whichever is later' after 'section 802(g)'.". 
(3) Section 2(5)(A) is amended to read as follows: 
"(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. 2. 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 eligible country on such date, or 
"(ii) before the date on which the source country of 
the restored work becomes an eligible country, if that coun-
try is not an eligible country on such date of enactment, 
a reliance party may continue to exploit that derivative work 
for the duration of the restored copyright if the reliance party 
pays to the owner of the restored copyright reasonable com-
pensation for conduct which would be subject to a remedy 
for infringement but for the provisions of this paragraph.". 
(2) Subsection (e)(l)(B)(ii) is amended by striking the last 
sentence. 
(3) Subsection (h)(2) is amended to read as follows: 
"(2) The 'date of restoration' of a restored copyright is— 
"(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 restored work.". 
(4) Subsection (h)(3) is amended to read as follows: 
"(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). 
PUBLIC LAW 105-80—NOV. 13, 1997 
111 STAT. 1531 
For purposes of this section, a nation that is a member of 
the Berne Convention on the date of the enactment 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 TRANSMISSIONS. 
Section 114(f) of title 17, United States Code, is amended— 
(1) in paragraph (1), by inserting ", or, if a copyright 
Federal Register, 
arbitration royalty panel is convened, ending 30 days after publication, 
the Librarian issues and publishes in the Federal Register 
an order adopting the determination of the copyright arbitration 
royalty panel or an order setting the terms and rates (if the 
Librarian rejects the panel's determination)" after "December 
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 Register". 
SEC. 5. NEGOTIATED LICENSE FOR JUKEBOXES. 
Section 116 of title 17, United States Code, is amended— 
(1) by amending subsection (b)(2) to read as follows: 
"(2) ARBITRATION.—Parties not subject to such a negotiation 
may determine, by arbitration in accordance with the provisions 
of chapter 8, the terms and rates and the division of fees 
described in paragraph (1)."; and 
(2) by adding at the end the following new subsection: 
"(d) DEFINITIONS.—^As used in this section, the following terms 
mean the following: 
"(1) A 'coin-operated phonorecord player' is a machine or 
device that— 
"(A) is employed solely for the performance of nondra-
matic musical works by means of phonorecords upon being 
activated by the insertion 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 comprised of 
the titles of all the musical works available for performance 
on it, and is affixed to the phonorecord player or posted 
in the establishment 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 phono-
record player available for placement in an establishment 
for purposes of public performance; or 
"(C) has the power to exercise primary control over 
the selection of the musical works made available for public 
performance on a coin-operated phonorecord player.". 
I l l STAT. 1532 
PUBLIC LAW 105-80—NOV. 13, 1997 
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 cop3a'ight in the work; and". 
SEC. 7. COPYRIGHT OFFICE FEES. 
(a) FEE INCREASES.—Section 708(b) of title 17, United States 
Code, is amended to read as follows: 
"(b) In calendar year 1997 and in any subsequent calendar 
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 Copjo-ight Office for the registration of claims, the rec-
ordation 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 estimated 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 schedule with the accompanjdng 
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 remain available until expended. 
The Register may, in accordance with regulations that he or she 
shall prescribe, refund any sum paid by mistake or in excess of 
the fee required by this section. 
"(2) In the case of fees deposited against future services, 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 current 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 
PUBLIC LAW 105-80—NOV. 13, 1997 
111 STAT. 1533 
demands. Such investments shall be in public debt securities with 
maturities suitable to the needs of the Copjnnght Office, as deter-
mined by the Register of Copyrights, and bearing interest at rates 
determined by the Secretary of the Treasury, taWng into consider-
ation current market yields on outstanding marketable obligations 
of the United States of comparable maturities. 
"(3) The income on such investments shall be deposited in 
the Treasury of the United States and shall be credited to the 
appropriations for necessary expenses of the Copyright Office.". 
SEC. 8. COPYRIGHT ARBITRATION ROYALTY PANELS. 
(a) ESTABLISHMENT AND PURPOSE.—Section 801 of title 17, 
United States Code, is amended— 
(1) in subsection (b)(1) by striking "and 116" in the first 
sentence and inserting "116, and 119"; 
(2) in subsection (c) by inserting after "panel" at the end 
of the sentence the following: 
", including— 
"(1) authorizing the distribution of those royalty fees col-
lected under sections 111, 119, and 1005 that the Librarian 
has found are not subject to controversy; and 
"(2) accepting or rejecting royalty claims filed under sec-
tions 111, 119, and 1007 on the basis of timeliness or the 
failure to establish the basis for a claim"; and 
(3) by amending subsection (d) to read as follows: 
"(d) SUPPORT AND REIMBURSEMENT OF ARBITRATION PANELS.— 
The Librarian of Congress, upon the recommendation 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 manner 
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 arbitrator. Pajnnents to the arbitrators 
shall be considered reasonable costs incurred by the Library of 
Congress and the Copyright Office for purposes of section 
802(h)(1).". 
(b) PROCEEDINGS.—Section 802(h) of title 17, United States 
Code, is amended by amending paragraph (1) to read as follows: 
"(1) DEDUCTION OF COSTS OF LIBRARY OF CONGRESS AND 
COPYRIGHT OFFICE FROM ROYALTY FEES.—The Librarian of Con-
gress 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 before the 
fees are distributed to any copyright claimants. In addition, 
all funds made available by an appropriations Act as offsetting 
collections and available for deductions under this subsection 
shall remain available until expended. In ratemaking proceed-
ings, 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 sub-
section (c).". 
I l l STAT. 1534 
PUBLIC LAW 105-80—NOV. 13, 1997 
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 
17 use 115. 
Act of 1995 (Public Law 104-39) is amended by redesignating 
paragraph (5) as paragraph (4), 
SEC. 11. DISTRIBUTION OF PHONORECORDS. 
Section 303 of title 17, United States Code, is amended— 
(1) by striking "Copyright" and inserting "(a) Copyright"; 
and 
(2) by inserting at the end the following: 
"(b) The distribution before January 1, 1978, of a phonorecord 
shall not for any purpose constitute a publication of the musical 
work embodied therein.". 
SEC. 12. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(a) AMENDMENTS TO TITLE 17, UNITED STATES CODE.—^Title 
17, United States Code, is amended as follows: 
(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 "Requirements"; 
(B) in the item relating to chapter 8, by striking "Roy-
alty Tribunal" and inserting "Arbitration Royalty Pan-
els"; 
(C) in the item relating to chapter 9, by striking "semi-
conductor chip products" and inserting "Semiconduc-
tor Chip Products"; and 
(D) by inserting sifter 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 insert-
ing "fair". 
(5) Section 109(b)(2)(B) is amended by striking "Copyright" 
and inserting "Cop3nrights". 
(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 insert-
ing "(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 inserting "paragraphs (1) and 
(3)ofsectionl06";and 
PUBLIC LAW 105-80—NOV. 13, 1997 
111 STAT. 1535 
(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 preceding para-
graph (1) by striking "the subsection (a)(1)(C)" and inserting 
"subsection (a)(1)(C)". 
(10) Section 405(b) is amended by striking "condition 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 "merchandise, 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 "Reproduc-
tions" and inserting "Reproduction". 
(18) The item relating to section 801 in the table of sections 
at the beginning of chapter 8 is amended by striking "establish-
ment" and inserting "Establishment". 
(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 "adjustment."; and 
(D) in paragraph (3) by striking "to distribute" and 
inserting 'To distribute". 
(20) Section 803(b) is amended in the second sentence 
by striking "subsection subsection" and inserting "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— 
I l l STAT. 1536 
PUBLIC LAW 105-80—NOV. 13, 1997 
(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". 
17 use 119 note. 
SEC. 13. 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 amendments 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 
12(b)(1) shall be effective as if enacted on November 9, 1987. 
Approved November 13, 1997. 
LEGISLATIVE HISTORY—H.R. 672 (S. 506): 
HOUSE REPORTS: No. 105-25 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Mar. 18, considered and passed House. 
Oct. 30, considered and passed Senate, amended. 
Nov. 4, House concurred in Senate amendments.