[DOCID: f:publ80

[DOCID: f:publ80.105]

[[Page 111 STAT. 1529]]

Public Law 105-80

105th Congress

An Act

To make technical amendments to certain provisions of title 17, United

States Code. <<NOTE: Nov. 13, 1997 - [H.R. 672]>>

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. <<NOTE: 17 USC 119.>> 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:

``(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 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

determining royalty fees under this paragraph, the

chapter 8 shall establish fees for the retransmission of

network stations and superstations that most clearly

represent the fair market value of secondary

transmissions. In determining the

[[Page 111 STAT. 1530]]

fair market value, the panel shall base its decision on

economic, competitive, and programming information

presented 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 marketplaces, and any special features and

conditions of the retransmission marketplace;

```(ii) the economic impact of such fees on

```(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,

``(ii) before the date on which the source country

of the restored work becomes an eligible country, if

that country 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

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 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).

[[Page 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, <<NOTE: Federal

panel is convened, ending 30 days after 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

nondramatic 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

phonorecord 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.''.

[[Page 111 STAT. 1532]]

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, United States Code,

is amended to read as follows:

``(b) In calendar year 1997 and in any subsequent calendar year, the

in subsection (a) in the following manner:

``(1) The Register shall conduct a study of the costs

incurred by the Copyright Office for the registration 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 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 accompanying

economic analysis to the Congress. The fees proposed by 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

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

meet current deposit account

[[Page 111 STAT. 1533]]

demands. Such investments shall be in public debt securities with

maturities suitable to the needs of the Copyright Office, as determined

by the Register of Copyrights, and bearing interest at rates determined

by the Secretary of the Treasury, taking into consideration 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

collected 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

sections 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.

Payments 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

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 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).''.

[[Page 111 STAT. 1534]]

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) <<NOTE: 17 USC 115.>> 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)

(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

``Royalty Tribunal'' and inserting ``Arbitration Royalty

Panels'';

``semiconductor chip products'' and inserting

``Semiconductor Chip Products''; 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

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 inserting ``paragraphs

(1) and (3) of section 106''; and

[[Page 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

paragraph (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

``Reproductions'' 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

``establishment'' 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'';

(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--

[[Page 111 STAT. 1536]]

(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. 13. EFFECTIVE DATES. <<NOTE: 17 USC 119 note.>>

(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).

shall be effective as if enacted on November 9, 1987.

Approved November 13, 1997.

LEGISLATIVE HISTORY--H.R. 672 (S. 506):

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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.

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