[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Reported in Senate (RS)]
Calendar No. 528
108th CONGRESS
2d Session
S. 1933
To promote effective enforcement of copyrights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2003
Mr. Hatch (for himself, Mrs. Feinstein, and Mr. Cornyn) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
May 20, 2004
Reported by Mr. Hatch, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To promote effective enforcement of copyrights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Federal Obscenity
Reporting and Copyright Enforcement Act of <DELETED>2003</DELETED>
2004''.
SEC. 2. HARMLESS ERRORS IN REGISTRATION CERTIFICATES.
(a) In General.--Section 411 of title 17, United States Code, is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) inserting after subsection (a) the following:
``(b)(1) A certificate of registration shall satisfy the
requirements of this section and section 412 irrespective of any
inaccurate information therein, unless--
``(A) the inaccurate information was included on the
application for copyright registration with knowledge that it
was inaccurate; and
``(B) the <DELETED>inaccurate</DELETED> inaccuracy of the
information, if known, would have caused the Register of
Copyrights to refuse registration.
``(2) In any case in which inaccuracies described under paragraph
(1) are alleged, the court shall request the Register of Copyrights to
advise the court whether the <DELETED>inaccurate</DELETED> inaccuracy
of the information, if known, would have caused the Register of
Copyrights to refuse registration.''.
(b) Technical and Conforming Amendment.--Section 412 of title 17,
United States Code, is amended by striking ``section 411(b)'' and
inserting ``section 411(c)''.
SEC. 3. COMPUTATION OF STATUTORY DAMAGES.
Section 504(c)(1) of title 17, United States Code, is amended in
the second sentence by inserting before the period ``, except that the
court in its discretion may determine that such parts are separate
works if the court concludes that they are distinct works having
independent economic value''.
<DELETED>SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYSICAL PRODUCT
CONFIGURATIONS.</DELETED>
<DELETED> Section 115(c)(3)(B) of title 17, United States Code, is
amended in the first sentence by striking ``under this paragraph'' and
inserting ``under this section''.</DELETED>
SEC. 4. MECHANICAL LICENSE NEGOTIATIONS FOR PHYSICAL PRODUCT
CONFIGURATIONS.
Section 115(c)(3)(B) of title 17, United States Code, is amended in
the first sentence--
(1) by striking ``under this paragraph'' and inserting
``under this section''; and
(2) by inserting ``on a nonexclusive basis'' after ``common
agents''.
SEC. 5. REPORT TO CONGRESS.
The Attorney General shall include in the report of the Attorney
General to Congress on the business of the Department of Justice,
prepared under section 522 of title 28, United States Code, the number
of misdemeanor prosecutions and the number of felony prosecutions under
sections 1462, 1464, 1465, 1466, 1466A, 1470, 2252, 2252A, 2252B, 2260,
2318, 2319, 2319A, and 2320 of title 18, United States Code, commenced
and concluded during the last preceding fiscal year, including, in the
case of those offenses where applicable, detailed information
concerning--
(1) the types of works involved;
(2) the tangible media of expression and means of
reproduction and distribution involved; and
(3) in the case of prosecutions concluded, the disposition
of such prosecutions, such as the number of convictions and
acquittals, and the sentences imposed.
SEC. 6. INVESTIGATION OF INTELLECTUAL PROPERTY CRIMES.
(a) Required Staffing.--The Attorney General shall ensure that any
unit in the Department of Justice responsible for investigating
computer hacking or responsible for investigating intellectual property
crimes is assigned at least 1 agent to support such unit for the
purpose of investigating crimes relating to the theft of intellectual
property and that each such agent has received training in the
investigation and enforcement of intellectual property crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $5,000,000 for each of fiscal
years 2005, 2006, 2007, 2008, and 2009 to carry out the requirements of
subsection (a).
Calendar No. 528
108th CONGRESS
2d Session
S. 1933
_______________________________________________________________________
A BILL
To promote effective enforcement of copyrights, and for other purposes.
_______________________________________________________________________
May 20, 2004
Reported with amendments