H. Rept. 109-75 - TECHNICAL CORRECTIONS TO TITLE 17, UNITED STATES CODE109th Congress (2005-2006)
Committee Report
Hide Overview| Report Type: | House Report |
|---|---|
| Accompanies: | H.R.1037 |
| Committees: | House Judiciary Committee |
Report text available as:
- TXT
- PDF (181KB) (PDF provides a complete and accurate display of this text.) Tip ?
109th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 109-75
======================================================================
TECHNICAL CORRECTIONS TO TITLE 17,
UNITED STATES CODE
_______
May 10, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1037]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 1037) to make technical corrections to title 17, United
States Code, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Performance Goals and Objectives................................. 4
Constitutional Authority Statement............................... 4
Section-by-Section Analysis and Discussion....................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Markup Transcript................................................ 12
Purpose and Summary
H.R. 1037, to make technical corrections to title 17,
United States Code, is intended to make technical corrections
to the operation of the satellite distant signal compulsory
copyright license that was amended by the enactment of the
Satellite Home Viewer Extension and Reauthorization Act of 2004
(``SHVERA''), which was included in the Consolidated
Appropriations Act of 2005. \1\ The satellite distant signal
compulsory copyright license permits satellite carriers to
retransmit to subscribers, subject to the terms of the
statutory license, programming that originates on out of market
over-the-air television broadcast stations.
---------------------------------------------------------------------------
\1\ The ``Satellite Home Viewer Extension and Reauthorization Act
of 2004'' was included as title IX of division J of ``The Consolidated
Appropriations Act of 2005'' (Public Law No. 108-447).
---------------------------------------------------------------------------
Background and Need for the Legislation
During the 108th Congress, the House Committee on the
Judiciary reported H.R. 4518, the ``Satellite Home Viewer
Extension and Reauthorization Act of 2005,'' (``SHVERA'')
which, inter alia, provided for the extension of the statutory
license for secondary transmissions under section 119 of title
17, United States Code. \2\ After incorporating amendments to
the Communications Act of 1934 with respect to such
transmissions, which were contained in H.R. 4501, the
``Satellite Home Viewer Extension and Reauthorization Act,''
which was reported by the House Committee on Energy and
Commerce, the House passed H.R. 4518 by a voice vote on October
6, 2004. The final version of this legislation was incorporated
into H.R. 4818, the ``Consolidated Appropriations Act of
2005,'' which was enacted in November 2004.
---------------------------------------------------------------------------
\2\ See H. Rep. No. 108-660, (2004), which accompanied H.R. 4518,
the ``Satellite Home Viewer Extension and Reauthorization Act of
2004.''
---------------------------------------------------------------------------
Following the structure of H.R. 4518, the enacted
legislation contained two titles. The first made amendments to
the Copyright Act, which is contained in title 17, United
States Code; and the second amended the Communications Act,
which is contained in title 47, United States Code. These
titles extend the satellite distant signal compulsory copyright
license and the retransmission consent requirement,
respectively. Together, the titles also function to modernize
and improve the statutory and regulatory regime that governs
such transmissions.
The technical amendments contained in H.R. 1037 relate
directly to modifications of the Copyright Act. The proposed
changes consist principally of non-controversial typographical,
grammatical, stylistic and conforming changes, which are needed
to eliminate unintended ambiguities in section 119 of title 17,
United States Code. By correcting these provisions, the
Committee believes that the interests of television viewers
will be enhanced and that the prospect of expensive litigation
involving affected stakeholders may be mitigated or eliminated.
Hearings
No hearings were held on H.R. 1037.
Committee Consideration
On March 3, 2005, the Subcommittee on Courts, the Internet
and Intellectual Property met in open session and ordered
favorably reported the bill, H.R. 1037, by a voice vote, a
quorum being present. On March 9, 2005, the Committee met in
open session and ordered favorably reported the bill, H.R.
1037, without amendment by a voice vote, a quorum being
present.
Vote of the Committee
In compliance with clause 3(b) of Rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the committee consideration of
H.R. 1037.
Committee Oversight Findings
In compliance with clause 3(c)(1) of Rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of Rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of Rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of Rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1037, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 14, 2005.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1037, a bill to
make technical corrections to title 17, United States Code.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa E.
Zimmerman, who can be reached at 226-2860.
Sincerely,
Douglas Holtz-Eakin.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 1037--A bill to make technical corrections to Title 17, United
States Code.
H.R. 1037 would make technical corrections to current law
relating to satellite retransmission of television
broadcasting. CBO estimates that implementing the bill would
have no effect on spending subject to appropriation. Enacting
the bill would not affect direct spending or revenues.
H.R. 1037 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
The CBO staff contact for this estimate is Melissa E.
Zimmerman, who can be reached at 226-2860. The estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
Performance Goals and Objectives
H.R. 1037 does not authorize funding. Therefore, clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives is inapplicable. Enactment of H.R. 1037 will
help to eliminate unintended ambiguities that were contained in
the final version of SHVERA. This will ensure that consumers,
the affected stakeholders and the government officials charged
with the responsibility for implementing and enforcing the
provisions of SHVERA benefit from a more accurate and
comprehensive statutory regime.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 8 of the
Constitution.
Section-by-Section Analysis and Discussion
SECTION 1. AMENDMENTS RELATING TO STATUTORY LICENSE FOR SATELLITE
CARRIERS.
Section 1 includes principally typographical, grammatical,
stylistic and conforming changes, which are needed to eliminate
unintended ambiguities in section 119 of title 17, United
States Code. This section of the Copyright Act specifies the
terms and conditions that relate to the operation of the
satellite distant signal compulsory copyright license, which is
used by direct broadcast satellite (DBS) providers, such as
DirecTV and EchoStar, to deliver out of market over-the-air
broadcast television programs to eligible subscribers.
Most of the changes merely insert proper cross-references,
eliminate superfluous language, correct punctuation errors or
conform the statute to editorial style/conventions used in the
law of copyright. Therefore, this discussion is limited to an
explanation of the technical and conforming changes in H.R.
1037, which are most likely to require elucidation.
H.R. 1037 contains two amendments to section 119(a)(2)(C)
of title 17, United States Code, which are designed to give
proper effect to provisions that are intended to exempt
secondary transmissions of primary transmissions of programming
from specific stations, in specific limited circumstances, from
the unserved household limitation contained in section
119(a)(2)(A) of title 17, United States Code. In either case,
such transmissions by satellite carriers are subject to the
payment of statutory copyright royalties.
The first clarifies that the language of 119(a)(2)(C)(i) is
intended to apply only in the case of a State in which there is
licensed by the Federal Communications Commission a single
commercial full-power station that was a network station on
January 1, 1995.
The second clarifies that the exemption from the unserved
household limitation contained in 119(a)(2)(C)(iii) may be
applied only in the counties of a State, which otherwise meet
the conditions described therein, where programming from a
distant network station located in that State, was transmitted
by either a cable system or a satellite carrier to subscribers
in that county on January 1, 2004.
An amendment to section 119(a)(4)(E) is included to clarify
that the ``if local, restrict distant'' provisions contained in
subparagraphs (A), (B) and (C) were not intended to apply to
satellite subscribers who receive a distant network signal that
is significantly viewed, nor to subscribers who receive such a
signal because they have a recreational vehicle (RV) or a
commercial truck.
Finally, section 119(a)(4)(F) is amended to correct a
typographical error. A subscriber may seek a waiver from a
broadcaster of the ``if local, restrict distant'' provisions in
subparagraphs (A) and (B), not (C) and (D). Subsection (A)
applies to subscribers who receive distant network signals on a
grandfathered basis, while subsection (B) applies to
subscribers who otherwise lawfully receive distant network
signals. In each of these categories, subscribers may be
confronted with an election to drop their distant network
affiliate upon the receipt of their local network affiliate via
satellite. Since these subscribers were receiving a distant
network signal prior to the enactment of SHVERA, it is
appropriate to allow them to petition their local network
affiliate for a waiver to continue the receipt of the distant
network affiliate. Subsection (C) applies to persons who seek
to subscribe to one or more distant network stations after the
effective date of SHVERA and who, at the time they seek to
subscribe, already have local affiliates of those network
stations made available to them by their satellite carrier. In
this instance, there are no settled subscriber expectations and
the interests of localism and copyright exclusivity are best
served by not ``authorizing such a waiver process.'' Similarly,
with respect to subsection (D), it is also inappropriate to
provide such a waiver mechanism under the Copyright Act.
In conclusion, the enactment of H.R. 1037, will help ensure
the effective implementation of SHVERA and better effectuate
the policies that motivated its enactment. In so doing, the
interests of television viewers, content owners, broadcast
stations and satellite carriers and distributors will be
enhanced.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of Rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 119 OF TITLE 17, UNITED STATES CODE
Sec. 119. Limitations on exclusive rights: Secondary transmissions of
superstations and network stations for private home
viewing
(a) Secondary Transmissions by Satellite Carriers.--
(1) * * *
(2) Network stations.--
(A) * * *
(B) Secondary transmissions to unserved
households.--
(i) In general.--The statutory
license provided for in subparagraph
(A) shall be limited to secondary
transmissions of the signals of no more
than two network stations in a single
day for each television network to
persons who reside in unserved
households. The limitation in this
clause shall not apply to secondary
transmissions [under paragraph (3)]
authorized under paragraph (3).
* * * * * * *
(C) Exceptions.--
(i) States with single commercial
full-power network station.--In a State
in which there is licensed by the
Federal Communications Commission a
single commercial full-power station
that was a network station on January
1, 1995, the statutory license provided
for in subparagraph (A) shall apply to
the secondary transmission by a
satellite carrier of the primary
transmission of that station to any
subscriber in a community that is
located within that State and that is
not within the first 50 television
markets as listed in the regulations of
the Commission as in effect on such
date [(47 CFR 76.51)] (section 76.51 of
title 47, Code of Federal Regulations).
(ii) States with all network
stations and superstations in same
local market.--In a State in which all
network stations and superstations
licensed by the Federal Communications
Commission within that State as of
January 1, 1995, are assigned to the
same local market and that local market
does not encompass all counties of that
State, the statutory license provided
under subparagraph (A) shall apply to
the secondary transmission by a
satellite carrier of the primary
transmissions of such station to all
subscribers in the State who reside in
a local market that is within the first
50 major television markets as listed
in the regulations of the Commission as
in effect on such date (section 76.51
of title [47 of the Code] 47, Code of
Federal Regulations).
(iii) Additional stations.--In the
case of that State in which are located
4 counties that--
(I) * * *
* * * * * * *
the statutory license provided under
subparagraph (A) shall apply to
secondary transmissions by a satellite
carrier to subscribers in any such
county of the primary transmissions of
any network station located in that
State, [if the satellite carrier] if a
satellite carrier or cable system was
making such secondary transmissions to
any subscribers in that county on
January 1, 2004.
(iv) Certain additional stations.--
If 2 adjacent counties in a single
State are in a local market comprised
principally of counties located in
another State, the statutory license
provided for in subparagraph (A) shall
apply to the secondary transmission by
a satellite carrier to subscribers in
those 2 counties of the primary
transmissions of any network station
located in the capital of the State in
which such 2 counties are located, if--
(I) * * *
(II) the total number of
television households in the 2
counties combined did not
exceed 10,000 for the year 2003
according to U.S. Television
Household Estimates by Nielsen
Media Research.
* * * * * * *
(3) Secondary transmissions of significantly viewed
signals.--
(A) In general.--Notwithstanding the
provisions of paragraph (2)(B), and subject to
subparagraph (B) of this paragraph, the
statutory license provided for in paragraphs
(1) and (2) shall apply to the secondary
transmission of the primary transmission of a
network station or a superstation to a
subscriber who resides outside the station's
local market (as defined in section 122(j)) but
within a community in which the signal has been
determined by the Federal Communications
[Commission, to be significantly viewed in such
community, pursuant to the rules, regulations,
and authorizations of the Federal
Communications Commission in effect on April
15, 1976, applicable to determining with
respect to a cable system whether signals are
significantly viewed in a community.]
Commission to be significantly viewed, as
defined in section 76.5 of title 47, Code of
Federal Regulations, as in effect on April 15,
1976.
* * * * * * *
(C) Waiver.--
(i) In general.--A subscriber who
is denied the secondary transmission of
the primary transmission of a network
station under subparagraph (B) may
request a waiver from such denial by
submitting a request, through the
subscriber's satellite carrier, to the
network station in the local market
affiliated with the same network where
the subscriber is located. The network
station shall accept or reject the
subscriber's request for a waiver
within 30 days after receipt of the
request. If the network station fails
to accept or reject the subscriber's
request for a waiver within that 30-day
period, that network station shall be
deemed to agree to the waiver request.
Unless specifically stated otherwise by
the network station, a waiver that was
granted before the date of the
enactment of the Satellite Home Viewer
Extension and Reauthorization Act of
2004 under section 339(c)(2) of the
Communications Act of 1934 shall not
constitute a waiver for purposes of
this subparagraph.
* * * * * * *
(4) Statutory license where retransmissions into
local market available.--
(A) * * *
* * * * * * *
[(E) Other provisions not affected.--This
paragraph shall not affect the applicability of
the statutory license to secondary
transmissions under paragraph (3) or to
unserved households included under paragraph
(12).]
(E) Other provisions not affected.--
Subparagraphs (A), (B), and (C) shall not
affect the applicability of the statutory
license to secondary transmissions authorized
under paragraphs (3) and (12).
(F) Waiver.--A subscriber who is denied the
secondary transmission of a network station
under subparagraph [(C) or (D)] (A) or (B) may
request a waiver from such denial by submitting
a request, through the subscriber's satellite
carrier, to the network station in the local
market affiliated with the same network where
the subscriber is located. The network station
shall accept or reject the subscriber's request
for a waiver within 30 days after receipt of
the request. If the network station fails to
accept or reject the subscriber's request for a
waiver within that 30-day period, that network
station shall be deemed to agree to the waiver
request. Unless specifically stated otherwise
by the network station, a waiver that was
granted before the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004 under section
339(c)(2) of the Communications Act of 1934
shall not constitute a waiver for purposes of
this subparagraph.
* * * * * * *
(14) Waivers.--A subscriber who is denied the
secondary transmission of a signal of a network station
under subsection (a)(2)(B) may request a waiver from
such denial by submitting a request, through the
subscriber's satellite carrier, to the network station
asserting that the secondary transmission is
prohibited. The network station shall accept or reject
a subscriber's request for a waiver within 30 days
after receipt of the request. If a television network
station fails to accept or reject a subscriber's
request for a waiver within the 30-day period after
receipt of the request, that station shall be deemed to
agree to the waiver request and have filed such written
waiver. Unless specifically stated otherwise by the
network station, a waiver that was granted before the
date of the enactment of the Satellite Home Viewer
Extension and Reauthorization Act of 2004 under section
339(c)(2) of the Communications Act of 1934, and that
was in effect on such date of enactment, shall
constitute a waiver for purposes of this paragraph.
(15) Carriage of low power television stations.--
(A) In general.--Notwithstanding paragraph
(2)(B), and subject to subparagraphs (B)
through (F) of this paragraph, the statutory
license provided for in paragraphs (1) and (2)
shall apply to the secondary transmission of
the primary transmission of a network station
or a superstation that is licensed as a low
power television station[,] to a subscriber who
resides within the same local market.
* * * * * * *
(16) Restricted transmission of out-of-State
distant network signals into certain markets.--
(A) * * *
(B) Exception.--The limitation in
subparagraph (A) shall not apply to the
secondary transmission of the primary
transmission of a digital signal of a network
station located outside of the State of Alaska
if, at the time that the secondary transmission
is made, no television station licensed to a
community in the State and affiliated with the
same network makes primary transmissions of a
digital signal.
(c) Adjustment of Royalty Fees.--
(1) Applicability and determination of royalty fees
for analog signals.--
(A) * * *
(B) Fee set by voluntary negotiation.--On
or before January 2, 2005, the Librarian of
Congress shall cause notice to be published in
the Federal Register of the initiation of
voluntary negotiation proceedings for the
purpose of determining the royalty fee to be
paid by satellite carriers and distributors for
the secondary transmission of the primary
analog [transmission] transmissions of network
stations and superstations under subsection
(b)(1)(B).
(C) Negotiations.--Satellite carriers,
distributors, and copyright owners entitled to
royalty fees under this section shall negotiate
in good faith in an effort to reach a voluntary
agreement or agreements for the payment of
royalty fees. Any such satellite carriers,
[distributors and copyright] distributors, and
copyright owners may at any time negotiate and
agree to the royalty [fee] fees, and may
designate common agents to negotiate, agree to,
or pay such fees. If the parties fail to
identify common agents, the Librarian of
Congress shall do so, after requesting
recommendations from the parties to the
negotiation proceeding. The parties to each
negotiation proceeding shall bear the cost
thereof.
(D) Agreements binding on parties; filing
of agreements; public notice.--(i) Voluntary
agreements negotiated at any time in accordance
with this paragraph shall be binding upon all
satellite carriers, distributors, and copyright
owners that [a] are parties thereto. Copies of
such agreements shall be filed with the
Copyright Office within 30 days after execution
in accordance with regulations that the
Register of Copyrights shall prescribe.
(ii)(I) Within 10 days after
publication in the Federal Register of
a notice of the initiation of voluntary
negotiation proceedings, parties who
have reached a voluntary agreement may
request that the royalty fees in that
agreement be applied to all satellite
carriers, distributors, and copyright
owners without convening an arbitration
proceeding pursuant to subparagraph
[(E)] (F).
* * * * * * *
(F) Fee set by compulsory arbitration.--
(i) Notice of initiation of
proceedings.--On or before May 1, 2005,
the Librarian of Congress shall cause
notice to be published in the Federal
Register of the initiation of
arbitration proceedings for the purpose
of determining the [royalty fee to be
paid for the secondary transmission of
primary analog transmission of network
stations and superstations under
subsection (b)(1)(B) by satellite
carriers and distributors] royalty fees
to be paid by satellite carriers and
distributors for the secondary
transmission of the primary analog
transmissions of network stations and
superstations under subsection
(b)(1)(B)
(I) in the absence of a
voluntary agreement filed in
accordance with subparagraph
(D) that establishes royalty
fees to be paid by all
satellite carriers and
distributors; or
(II) if an objection to the
fees from a voluntary agreement
submitted for adoption by the
Librarian of Congress to apply
to all satellite carriers,
distributors, and copyright
owners is received under
subparagraph (D) from a party
with an intent to participate
in the arbitration proceeding
and a significant interest in
the outcome of that proceeding.
Such [arbitrary] arbitration proceeding
shall be conducted under chapter 8 as
in effect on the day before the date of
the enactment of the Copyright Royalty
and Distribution Act of 2004.
(ii) Establishment of royalty
fees.--In determining royalty fees
under this subparagraph, the copyright
arbitration royalty panel appointed
under chapter 8, as in effect on the
day before the date of the enactment of
the Copyright Royalty and Distribution
Act of 2004 shall establish fees for
the secondary transmissions of the
primary analog transmission of network
stations and superstations that most
clearly represent the [fair market
value of secondary transmissions] fair
market value of such secondary
transmissions, except that the
Librarian of Congress and any copyright
arbitration royalty panel shall adjust
those fees to account for the
obligations of the parties under any
applicable voluntary agreement filed
with the Copyright Office pursuant to
subparagraph (D). In determining the
fair market value, the panel shall base
its decision on economic, competitive,
and programming information presented
by the parties, including--
(I) * * *
* * * * * * *
(iii) Period during which decision
of arbitration panel or order of
librarian effective.--The obligation to
pay the royalty fee established under a
determination which--
(I) is made by a copyright
arbitration royalty panel in an
arbitration proceeding under
this paragraph and is adopted
by the Librarian of Congress
under section 802(f), as in
effect on the day before the
date of the enactment of the
Copyright Royalty and
Distribution Act of [2004;]
2004, or
[(II) is established by the
Librarian under section 802(f)
as in effect on the day before
such date of enactment shall be
effective as of January 1,
2005.]
(II) is made by the
Librarian under section 802(f)
as in effect on the day before
such date of enactment,
shall be effective as of January 1,
2005.
(iv) Persons subject to royalty
fee.--The royalty fee referred to in
clause (iii) shall be binding on all
satellite carriers, [distributors and
copyright owners,] distributors, and
copyright owners who are not party to a
voluntary agreement filed with the
Copyright Office under subparagraph
(D).
(2) Applicability and determination of royalty fees
for digital signals.--The process and requirements for
establishing the royalty fee payable under subsection
(b)(1)(B) for the secondary transmission of the primary
digital transmissions of network stations and
superstations shall be the same as that set forth in
paragraph (1) for the secondary transmission of the
primary analog transmission of network stations and
superstations, except that--
(A) the initial fee under paragraph (1)(A)
shall be the rates set forth in [section
298.3(b)(1)] section 258.3(b)(1) and (2) of
title 37, Code of Federal Regulations, as in
effect on the date of the enactment of the
Satellite Home Viewer Extension and
Reauthorization Act of 2004, reduced by 22.5
percent;
* * * * * * *
(C) the royalty fees that are established
for the secondary transmission of the primary
digital transmission of network stations and
superstations in accordance with [to] the
procedures set forth in paragraph (1)(F)(iii)
and are payable under subsection (b)(1)(B)--
(i) * * *
* * * * * * *
(d) Definitions.--As used in this section--
(1) * * *
* * * * * * *
(12) Low power television station.--The term ``low
power television station'' means a [low power
television as defined] low power television station as
defined under section 74.701(f) of title 47, Code of
Federal Regulations, as in effect on June 1, 2004. For
purposes of this paragraph, the term ``low power
television station'' includes a low power television
station that has been accorded primary status as a
Class A television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations.
* * * * * * *
Markup Transcript
BUSINESS MEETING
WEDNESDAY, MARCH 9, 2005
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:00 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present comprised entirely of Members of the
majority party. So rather than doing a ratification of minority
Committee assignments, since there is no one here to make a
motion to do that, we will now go to the next item on the
agenda which is the adoption of S. 167, the ``Family
Entertainment and Copyright Act of 2005,'' and the Chair
recognizes the gentlemen from Texas, Mr. Smith, the Chairman of
the Subcommittee on Courts, the Internet, and Intellectual
Property for a motion.
Mr. Smith. Mr. Chairman, I ask unanimous consent that we
consider the following bills en bloc: S. 167, H.R. 683, H.R.
1036, H.R. 1037, H.R. 1038.
Chairman Sensenbrenner. How about House Concurrent
Resolution----
Mr. Smith. It's my understanding, Chairman, that needs to
be considered separately.
Chairman Sensenbrenner. Okay. Without objection, the 5
bills mentioned by the gentleman from Texas will be considered
en bloc, and the Chair recognizes the gentleman from Texas to
explain them.
Mr. Smith. I'll try to be brief, Mr. Chairman. The first
bill, S. 167 really consists of three previous bills that this
Committee has approved and that passed the House last year. The
first one is the Family Movie Act, and I think Members will
recall that that simply gives parents the right to determine
what their children see when they rent or buy a movie video.
The second part of this particular bill is the Art Act
which creates new penalties for those who camcord movies in
public theaters and who willfully infringe copyright law by
distributing copies of prereleased works, movies or otherwise.
The Trademark Dilution Revision Act of 2005 simply,
basically protects trademarks in a better way and also makes
sure that people cannot infringe trademarks as easily as they
do now. It also does a good job of trying to keep us out of
court to determine some of the ambiguities of that particular
subject.
The two technical correction bills are just that, technical
corrections of the Satellite Viewer, Home Viewer Movie Act, and
the technical corrections, in addition to the satellite
corrections are technical corrections of the CARP bill, which
we approved last year and which passed the House.
The last bill in the en bloc package, Mr. Chairman, is your
bill, the Multidistrict Litigation Restoration Act of 2005, and
I will yield to you to make any comments on that.
And that would be the quick summary of the five bills en
bloc.
[The bill, H.R. 1037, follows:]
Chairman Sensenbrenner. The Chair passes on this.
Without objection, all Members may place opening statements
in the record on each of the bills being considered en bloc at
this time. Hearing no objection, so ordered.
[The prepared statement of Mr. Berman follows:]
Prepared Statement of the Honorable Howard L. Berman, a Representative
in Congress from the State of California, and Ranking Member,
Subcommittee on Courts, the Internet, and Intellectual Property
I want to commend the Chairman of the Subcommittee for working so
closely with me in putting together this bill.
One of the Subcommittee's major accomplishments last Congress was
to pass the Satellite Home Viewer Extension and Reauthorization Act of
2004, which reauthorized for five years the compulsory license by
satellite carriers to transmit copyrighted programming to their
customers.
While passage of SHVERA was a major accomplishment, its many
revisions--several made with little time in the final hours of the lame
duck session--were not always perfectly drafted. Therefore, we
introduce the technical corrections bill before us today.
HR 1037, the Technical Corrections to the Satellite Home Viewer
Extension and Reauthorization Act of 2004, will correct the drafting
errors contained in SHVERA. It corrects spelling and punctuation
errors, harmonizes cross-references and paragraph numbering, or
conforms the bill to the preferred editorial style in copyright law.
I want to thank the Copyright Office and Sandy Strokoff with the
Office of Legislative Counsel for their assistance in noting many of
the errors and then their help in drafting this bill.
I urge my colleagues to support this bill.
Chairman Sensenbrenner. Are there any amendments to any of
the bills?
[No response.]
Chairman Sensenbrenner. There being no amendments, without
objection, the previous question is ordered on reporting the
bills favorably and the vote on reporting these bills favorably
will be taken when a reporting quorum is present.
Without objection the order for the previous question is
vitiated. There is a Subcommittee amendment on H.R. 683, the
Dilution Bill. Without objection, the Subcommittee amendment is
agreed to. Hearing none, so ordered.
And now without objection, the previous question is ordered
on reporting the bills favorably with H.R. 683 being reported
favorably as amended. And the vote will be taken at the time
that a reporting quorum appears.
[Intervening business.]
Chairman Sensenbrenner. If there are no further amendments,
without objection, the previous question is ordered favorably
reporting Senate 167.
We are still one short of a reporting quorum. I would ask
the Members present to be patient, and as soon as we round up--
here we go. They have been rounded up. [Laughter.]
The previous question has been ordered on reporting
favorably the following bills: Senate 167, H.R. 683, H.R. 1036,
H.R. 1037 and H.R. 1038. So many as are in favor of reporting
these bills favorably will say aye.
Opposed, no?
The ayes appear to have it. The ayes have it, and the bills
are reported favorably.
Without objection, those bills which were amended here,
meaning H.R. 683, will be reported favorably to the House in
the form of a single amendment in the nature of a substitute,
incorporating the amendments adopted here today. That unanimous
consent request also includes Senate 167 as amended.
Is there any objection?
[Intervening business.]
Chairman Sensenbrenner. Okay. Without objection, all
Members will be given 2 days as provided by House rules, in
which to submit additional dissenting supplemental or minority
views, and without objection the staff is directed to make any
technical and conforming changes.
Chairman Sensenbrenner. There being no further business to
come before the Committee, the Committee stands adjourned.
[Intervening business.]
[Whereupon, at 10:17 a.m., the Committee was adjourned.]