[111th Congress Public Law 295]
[From the U.S. Government Printing Office]
[[Page 3179]]
COPYRIGHT CLEANUP, CLARIFICATION, AND CORRECTIONS ACT OF 2010
[[Page 124 STAT. 3180]]
Public Law 111-295
111th Congress
An Act
To clarify, improve, and correct the laws relating to copyrights, and
for other purposes. <<NOTE: Dec. 9, 2010 - [S. 3689]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Copyright
Cleanup, Clarification, and Corrections Act of 2010.>>
SECTION 1. <<NOTE: 17 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``Copyright Cleanup, Clarification, and
Corrections Act of 2010''.
SEC. 2. REFERENCE.
Except as otherwise specifically provided, whenever in this Act a
section or other provision is amended or repealed, such amendment or
repeal shall be considered to be made to that section or other provision
of title 17, United States Code.
SEC. 3. COPYRIGHT OFFICE PROCEDURES.
(a) Directory of Agents of Service Providers.--Section
512(c)(2) <<NOTE: 17 USC 512.>> is amended, in the matter following
subparagraph (B), by striking ``, in both electronic and hard copy
formats''.
(b) Recordation of Documents.--Section 205(a) is amended by adding
at the end the following: <<NOTE: Regulations.>> ``A sworn or official
certification may be submitted to the Copyright Office electronically,
pursuant to regulations established by the Register of Copyrights.''.
SEC. 4. REPEAL OF EXPIRED PROVISIONS.
(a) Repeal.--Section 601, and the item relating to such section in
the table of sections for chapter 6, are repealed.
(b) Conforming Amendments.--
(1) Clerical amendment.--(A) The heading for chapter 6 is
amended to read as follows:
``CHAPTER 6--IMPORTATION AND EXPORTATION''.
(B) The item relating to chapter 6 in the table of chapters
is amended to read as follows:
``6. Importation and Exportation.................................601''.
(2) Application for copyright registration.--Section 409 is
amended--
(A) in paragraph (9), by adding ``and'' after the
semicolon;
(B) by striking paragraph (10); and
(C) by redesignating paragraph (11) as paragraph
(10).
[[Page 124 STAT. 3181]]
(c) Infringing Importation or Exportation.--The second sentence of
section 602(b) <<NOTE: 17 USC 602.>> is amended by striking ``unless
the provisions of section 601 are applicable''.
SEC. 5. CLARIFICATIONS.
(a) Certain Distributions of Phonorecords.--Section 303(b) is
amended by striking ``the musical work'' and inserting ``any musical
work, dramatic work, or literary work''.
(b) Proceedings of Copyright Royalty Judges.--Section 803(b)(6)(A)
is amended by striking the second sentence and inserting the following:
``All regulations issued by the Copyright Royalty Judges are subject to
the approval of the Librarian of Congress and are subject to judicial
review pursuant to chapter 7 of title 5, except as set forth in
subsection (d).''.
(c) Licenses for Certain Nonexempt Transmissions.--Section
114(f)(2)(C) is amended by striking ``preexisting subscription digital
audio transmission services or preexisting satellite digital radio audio
services'' and inserting ``eligible nonsubscription services and new
subscription services''.
SEC. 6. TECHNICAL CORRECTIONS.
(a) Definitions.--Section 101 is amended--
(1) by moving the definition of ``Copyright Royalty Judges''
to follow the definition of ``Copyright owner'';
(2) by moving the definition of ``motion picture exhibition
facility'' to follow the definition of ``Literary works''; and
(3) by moving the definition of ``food service or drinking
establishment'' to follow the definition of ``fixed'';
(b) Licenses for Webcasting.--Section 114(f)(2)(B) is amended in the
fourth sentence, in the matter preceding clause (i), by striking
``Judges shall base its decision'' and inserting ``Judges shall base
their decision''.
(c) Satellite Carriers.--Section 119(g)(4)(B)(vi) is amended by
striking ``the examinations'' and inserting ``an examination''.
(d) Remedies for Infringement.--Section 503(a)(1)(B) is amended by
striking ``copies of phonorecords'' and inserting ``copies or
phonorecords''.
(e) Retention of Copies in Copyright Office.--Section 704(e) is
amended, in the second sentence, by striking ``section 708(a)(10)'' and
inserting ``section 708(a)''.
(f) Correction of Internal References.--(1) Section 114(b) is
amended by striking ``118(g)'' and inserting ``118(f)''.
(2) Section 504(c)(2) is amended by striking ``subsection (g) of
section 118'' and inserting ``section 118(f)''.
(3) Sections 1203(c)(5)(B)(i) and 1204(b) are each amended by
striking ``118(g)'' and inserting ``118(f)''.
(g) PRO-IP Act.--Section 209(a)(3)(A) <<NOTE: 17 USC 115.>> of
Public Law 110-403 is amended by striking ``by striking `and 509' '' and
inserting ``by striking `and section 509' ''.
(h) Trademark Technical Amendments Act.--Section 4(a)(1) of Public
Law 111-146 <<NOTE: Ante, p. 70.>> is amended by striking ``by
corporations attempting'' and inserting ``the purpose of which is''.
[[Page 124 STAT. 3182]]
(i) Trafficking.--Section 2318(e)(6) of title 18, United States
Code, is amended by striking ``under section'' and inserting ``under
this subsection''.
Approved December 9, 2010.
LEGISLATIVE HISTORY--S. 3689:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Aug. 2, considered and passed Senate.
Nov. 15, considered and passed House, amended.
Nov. 19, Senate concurred in House amendments.
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