105th Congress > House > Vote 52
Clerk session vote number: 53
Description: Copyright Clarification Act
Bill summary: Amends the Satellite Home Viewer Act of 1994 and various Federal copyright provisions to make technical and conforming amendments with respect to: (1) licensing and royalty fees charged for the retransmission for home viewing of superstation and network station transmissions; (2) the copyrighting of restored works; (3) licenses for nonexempt subscription transmissions; (4) royalties payable under compulsory licenses; (5) negotiated licenses for jukeboxes; (6) copyright registration and
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infringement actions; and (7) digital audio recording devices and media.
(Sec. 7) Authorizes the Register of Copyrights, after conducting a study, to increase the copyright fees to be paid to the Copyright Office for 1997 and thereafter to cover Office costs for the registration of claims, the recording of documents, and the provision of services. Requires the Register, for any such increase, to prepare a proposed fee schedule and submit such schedule and an economic analysis to the Congress. Requires a 120-day waiting period after submission of such schedule and analysis before its implementation.
(Sec. 8) Authorizes the Librarian of Congress, upon the recommendation of the Register of Copyrights, to: (1) authorize the distribution of those royalty fees collected that the Librarian has found to be not subject to controversy; and (2) accept or reject royalty claims on the basis of timeliness or the failure to establish the basis for a claim. Directs the Librarian to reimburse the arbitrators presiding in royalty distribution proceedings, considering such costs to be reasonable costs incurred by the Library and the Office. Requires the reasonable costs incurred by the Librarian and the Office in ratemaking proceedings to be borne by the parties to the proceedings as directed by the arbitration panels.
(Sec. 11) Provides that the distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of the musical work embodied therein.
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Bill titles: To make technical amendments to certain provisions of title 17, United States Code.
Links for more info on the vote: congress.gov
