S.1933 - Enhancing Federal Obscenity Reporting and Copyright Enforcement Act of 2003108th Congress (2003-2004)
Text: S.1933 — 108th Congress (2003-2004)
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Reported to Senate (05/20/2004)
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[Congressional Bills 108th Congress] [From the U.S. Government Printing 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