Public Law 106-44

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[106th Congress Public Law 44]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ044.106]


[[Page 113 STAT. 221]]

Public Law 106-44
106th Congress

                                 An Act


 
To make technical corrections in title 17, United States Code, and other 
               laws. <<NOTE: Aug. 5, 1999 -  [S. 1260]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Copyrights.>> 
SECTION 1. TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE.

    (a) Exemption of Certain Performances and Displays on Exclusive 
Rights.--Section 110(5) of title 17, United States Code, is amended--
            (1) by striking ``(A) a direct charge'' and inserting ``(i) 
        a direct charge''; and
            (2) by striking ``(B) the transmission'' and inserting 
        ``(ii) the transmission''.

    (b) Ephemeral Recordings.--Section 112(e) of title 17, United States 
Code, is amended--
            (1) by redesignating paragraphs (3) through (10) as 
        paragraphs (2) through (9), respectively;
            (2) in paragraph (3), as so redesignated, by striking 
        ``(2)'' and inserting ``(1)'';
            (3) in paragraph (4), as so redesignated--
                    (A) by striking ``(3)'' and inserting ``(2)'';
                    (B) by striking ``(4)'' and inserting ``(3)'';
                    (C) by striking ``(6)'' and inserting ``(5)''; and
                    (D) by striking ``(3) and (4)'' and inserting ``(2) 
                and (3)''; and
            (4) in paragraph (6), as so redesignated--
                    (A) by striking ``(4)'' each place it appears and 
                inserting ``(3)''; and
                    (B) by striking ``(5)'' each place it appears and 
                inserting ``(4)''.

    (c) Determination of Reasonable License Fees for Individual 
Proprietors.--Chapter 5 of title 17, United States Code, is amended--
            (1) by redesignating the section 512 entitled 
        ``Determination of reasonable license fees for individual 
        proprietors'' as section 513 and placing such section after the 
        section 512 entitled ``Limitations on liability relating to 
        material online''; and

[[Page 113 STAT. 222]]

            (2) in the table of sections at the beginning of that 
        chapter by striking

``512. Determination of reasonable license fees for individual 
           proprietors.''

        and inserting

``513. Determination of reasonable license fees for individual 
           proprietors.''

        and placing that item after the item entitled

``512. Limitations on liability relating to material online.''.

    (d) Online Copyright Infringement Liability.--Section 512 of title 
17, United States Code, is amended--
            (1) in subsection (e)--
                    (A) by amending the caption to read as follows:

    ``(e) Limitation on Liability of Nonprofit Educational 
Institutions.--''; and
                    (B) in paragraph (2), by striking ``Injunctions.--
                ''; and
            (2) in paragraph (3) of subsection (j), by amending the 
        caption to read as follows:
            ``(3) Notice and ex parte orders.--''.

    (e) Integrity of Copyright Management Information.--Section 
1202(e)(2)(B) of title 17, United States Code, is amended by striking 
``category or works'' and inserting ``category of works''.
    (f) Protection of Designs.--(1) Section 1302(5) of title 17, United 
States Code, is amended by striking ``1 year'' and inserting ``2 
years''.
    (2) Section 1320(c) of title 17, United States Code, is amended in 
the subsection caption by striking ``Acknowledgement'' and inserting 
``Acknowledgment''.
    (g) Miscellaneous Clerical Amendments.--
            (1) Section 101 of title 17, United States Code, is 
        amended--
                    (A) by transferring and inserting the definition of 
                ``United States work'' after the definition of ``United 
                States''; and
                    (B) in the definition of ``proprietor'', by striking 
                ``A `proprietor' '' and inserting ``For purposes of 
                section 513, a `proprietor' ''.
            (2) Section 106 of title 17, United States Code, is amended 
        by striking ``120'' and inserting ``121''.
            (3) Section 118(e) of title 17, United States Code, is 
        amended--
                    (A) by striking ``subsection (b).'' and all that 
                follows through ``Owners'' and inserting ``subsection 
                (b). Owners''; and
                    (B) by striking paragraph (2).
            (4) Section 119(a)(8)(C)(ii) of title 17, United States 
        Code, is amended by striking ``network's station'' and inserting 
        ``network station's''.
            (5) Section 501(a) of title 17, United States Code, is 
        amended by striking ``118'' and inserting ``121''.
            (6) Section 511(a) of title 17, United States Code, is 
        amended by striking ``119'' and inserting ``121''.

[[Page 113 STAT. 223]]

SEC. 2. OTHER TECHNICAL CORRECTIONS.

    (a) Clerical Amendment to Title 28, U.S.C.--The section heading for 
section 1400 of title 28, United States Code, is amended to read as 
follows:

``Sec. 1400. Patents and copyrights, mask works, and designs''.

    (b) Elimination of Conflicting Provision.--Section 5316 of title 5, 
United States Code, is amended by striking ``Commissioner of Patents, 
Department of Commerce.''.
    (c) Clerical Correction to Title 35, U.S.C.--Section 3(d) of title 
35, United States Code, is amended by striking ``, United States Code''.

    Approved Aug. 5, 1999.

LEGISLATIVE HISTORY--S. 1260 (H.R. 1189):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-84 accompanying H.R. 1189 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            July 1, considered and passed Senate.
            July 26, considered and passed House.

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