A bill to amend title 17, United States Code, to modify certain recordation and registration requirements, to establish copyright arbitration royalty panels to replace the Copyright Royalty Tribunal, and for other purposes.
TABLE OF CONTENTS:
Title I: Copyright Office
Title II: Copyright Royalty Tribunal
Title III: General Provisions
Copyright Reform Act of 1993 - Title I: Copyright Office - Amends Federal copyright law to provide that nothing in such law limits any rights under State law with respect to perfecting security interests.
Authorizes a copyright owner, in the case of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, to institute an infringement action either before or after such fixation takes place if he serves notice upon the infringer between ten and 30 days before the fixation and identifies the work and specific time and source of its first transmission. (Current law requires a work to be registered before an infringement action may be brought.) Repeals a provision which requires registration as a prerequisite to certain remedies for infringement.
Converts the Register of Copyrights from a Librarian of Congress appointee to a presidential appointee.
Title II: Copyright Royalty Tribunal - Replaces the Copyright Royalty Tribunal with copyright arbitration royalty panels to oversee the adjustment of copyright royalty rates and payments and to distribute royalty fees in the event a controversy over distribution exists.
Sets forth provisions concerning panel membership and arbitration proceedings. Requires the Register of Copyrights to: (1) adopt a panel decision unless the decision is arbitrary; and (2) set a royalty fee or distribute fees if it rejects the decision. Provides for judicial review of Register decisions concerning panel determinations.
Authorizes owners or users of copyrighted works to petition for adjustments of compulsory license rates by copyright arbitration royalty panels. Sets forth requirements for proceedings concerning cable television, phonorecords, coin-operated phonorecord players, noncommercial broadcasting, and digital audio recording.
Repeals specified provisions concerning compulsory licenses and limitations on exclusive rights for coin-operated phonorecord players.
Revises requirements concerning compulsory licenses for public broadcasting.
Title III: General Provisions - Sets forth effective dates for the amendments made by this Act.
Retains existing royalty rates and determinations concerning the proportionate division of compulsory license fees among copyright claimants until modified by voluntary agreement or pursuant to the amendments made by this Act.
Referred to Subcommittee on Patents, Copyrights and Trademarks.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1618-1619)
Read twice and referred to the Committee on Judiciary.
Referred to Subcommittee on Patents, Copyrights and Trademarks.
Subcommittee on Patents, Copyrights and Trademarks. Hearings held. Hearings printed: S.Hrg. 103-731.
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