H7412 CONGRESSIONAL RECORD — HOUSE November 15, 2010 SEC. 6. TECHNICAL CORRECTIONS. Office to accept electronic signatures section 5(b) of the bill, as amended. (a) DEFINITIONS.—Section 101 is amended— when users file documents. It also That provision makes clear that regu- (1) by moving the definition of ‘‘Copyright eliminates the requirement that the lations issued by the copyright royalty Royalty Judges’’ to follow the definition of Copyright Office keep a hard copy of a judges are to be approved by the Li- ‘‘Copyright owner’’; (2) by moving the definition of ‘‘motion directory they already make available brarian of Congress and subject to re- picture exhibition facility’’ to follow the def- to the public online. This hard copy view of Federal courts. inition of ‘‘Literary works’’; and has taken over several shelves in their This bill also contains one amend- (3) by moving the definition of ‘‘food serv- office but is seldom consulted by the ment to trademark as opposed to copy- ice or drinking establishment’’ to follow the public. right law. That amendment, which is definition of ‘‘fixed’’; The measure before us also clarifies contained in section 6(h), amends a (b) LICENSES FOR WEBCASTING.—Section some ambiguities in the copyright study requirement that was included in 114(f)(2)(B) is amended in the fourth sen- code. For example, in 1997, Congress Public Law 111–146, the Trademark tence, in the matter preceding clause (i), by amended the copyright code to clarify Technical Amendments Act, earlier striking ‘‘Judges shall base its decision’’ and that copyright owners do not forfeit inserting ‘‘Judges shall base their decision’’. this year. (c) SATELLITE CARRIERS.—Section their rights in a work if they distrib- In closing, the purpose of S. 3689, the 119(g)(4)(B)(vi) is amended by striking ‘‘the uted it prior to 1978 without a copy- Copyright Cleanup, Clarification, and examinations’’ and inserting ‘‘an examina- right notice. However, while Congress Corrections Act of 2010, is to make tion’’. made this fix for musical works distrib- modest but needed changes to the (d) REMEDIES FOR INFRINGEMENT.—Section uted by phonograph, it neglected to Copyright Act. I urge my colleagues to 503(a)(1)(B) is amended by striking ‘‘copies of specifically identify dramatic and lit- suspend the rules and pass the bill with phonorecords’’ and inserting ‘‘copies or erary works that were also distributed phonorecords’’. the amendments contained herein. by phonograph. We make that correc- I yield back the balance of my time. (e) RETENTION OF COPIES IN COPYRIGHT OF- tion in this bill before us. Finally, it FICE.—Section 704(e) is amended, in the sec- Mr. CONYERS. I yield back the bal- ond sentence, by striking ‘‘section 708(a)(10)’’ corrects in this measure a number of ance of my time. and inserting ‘‘section 708(a)’’. technical errors, just dotting the I’s The SPEAKER pro tempore. The (f) CORRECTION OF INTERNAL REFERENCES.— and crossing the T’s. I support the leg- question is on the motion offered by (1) Section 114(b) is amended by striking islation. I commend the committee the gentleman from Michigan (Mr. ‘‘118(g)’’ and inserting ‘‘118(f)’’. that worked on it. CONYERS) that the House suspend the (2) Section 504(c)(2) is amended by striking I reserve the balance of my time. rules and pass the bill, S. 3689, as ‘‘subsection (g) of section 118’’ and inserting Mr. POE of Texas. Mr. Speaker, I amended. ‘‘section 118(f)’’. yield myself such time as I may con- The question was taken. (3) Sections 1203(c)(5)(B)(i) and 1204(b) are sume. The SPEAKER pro tempore. In the each amended by striking ‘‘118(g)’’ and in- The copyright bill before us today is serting ‘‘118(f)’’. opinion of the Chair, two-thirds being an important housekeeping measure (g) PRO-IP ACT.—Section 209(a)(3)(A) of that contains largely technical and in the affirmative, the ayes have it. Public Law 110–403 is amended by striking Mr. CONYERS. Mr. Speaker, on that ‘‘by striking ‘and 509’ ’’ and inserting ‘‘by clarifying amendments to title 17 of the United States Code. For the few I demand the yeas and nays. striking ‘and section 509’ ’’. The yeas and nays were ordered. (h) TRADEMARK TECHNICAL AMENDMENTS changes that are more substantive in The SPEAKER pro tempore. Pursu- ACT.—Section 4(a)(1) of Public Law 111–146 is nature, they are noncontroversial and amended by striking ‘‘by corporations at- are recognized as improvements to a ant to clause 8 of rule XX and the tempting’’ and inserting ‘‘the purpose of code that is all too often perceived as Chair’s prior announcement, further which is’’. complex. proceedings on this motion will be (i) TRAFFICKING.—Section 2318(e)(6) of title S. 3689, the Copyright Cleanup, Clari- postponed. 18, United States Code, is amended by strik- fication, and Corrections Act of 2010, f ing ‘‘under section’’ and inserting ‘‘under this subsection’’. was originally introduced and passed RECOGNIZING THE 50TH ANNIVER- Amend the title so as to read: ‘‘An Act to by the other body on the 2nd day of Au- SARY OF SCHOOL DESEGREGA- clarify, improve, and correct the laws relat- gust. Since that time, the House Com- TION BY RUBY BRIDGES ing to copyrights, and for other purposes.’’. mittee on the Judiciary has worked in Mr. CONYERS. Mr. Speaker, I move The SPEAKER pro tempore. Pursu- a bipartisan manner to consider the measure and to incorporate modest im- to suspend the rules and agree to the ant to the rule, the gentleman from resolution (H. Res. 1713) recognizing Michigan (Mr. CONYERS) and the gen- provements to the bill. While I expect the majority to detail the 50th anniversary of Ruby Bridges tleman from Texas (Mr. POE) each will desegregating a previously all-White control 20 minutes. most of the bill’s provisions, I do want to note some significant provisions, in- public elementary school. The Chair recognizes the gentleman The Clerk read the title of the resolu- from Michigan. cluding an important change from the measure that passed the other body in tion. GENERAL LEAVE August. That change is in the deletion The text of the resolution is as fol- Mr. CONYERS. Mr. Speaker, I ask of language contained in section 4(a) lows: unanimous consent that all Members that would amend the Copyright Act to H. RES. 1713 have 5 legislative days to revise and ex- permit the owner of an exclusive right Whereas, on May 17, 1954, the United States tend their remarks and include extra- to sublicense that right or further Supreme Court announced in Brown v. Board neous material to the measure under transfer it if the original copyright of Education (347 U.S. 483) that, ‘‘in the field discussion. of education, the doctrine of separate but owner had not expressly prohibited ‘ The SPEAKER pro tempore. Is there equal’ has no place’’; these actions in a prior written agree- objection to the request of the gen- Whereas the Brown decision recognized as ment. a matter of law that the segregation of pub- tleman from Michigan? This provision raised a number of There was no objection. lic schools deprived students of the equal concerns among copyright owners who protection of the laws under the Fourteenth Mr. CONYERS. I yield myself as feared that those who had relied on a Amendment to the Constitution of the much time as I may consume. prior judicial decision in the case of United States; Mr. Speaker, this measure, entitled Gardner v. Nike might be disadvan- Whereas in 1960, six years after the land- the Copyright Cleanup, Clarification, taged by such a change. In recognition mark Brown v. Board of Education decision, the promise of access and equality within and Corrections Act, is a common- of these serious concerns, both the sense, proactive response to unintended the realm of education remained unfilled in chairman and ranking member agreed New Orleans, Louisiana, and throughout errors and confusion in copyright law. this issue ought not be addressed in This bill updates and improves the way much of the Nation; this measure. Whereas in 1960, the National Association the Copyright Office conducts its busi- b 1530 for the Advancement of Colored People ness by making some changes, mainly (NAACP) contacted Ruby Bridges’ family to streamlining the copyright registry Another substantive improvement solicit her participation in the integration of process by authorizing the Copyright that is worth noting is contained in New Orleans public schools; VerDate Mar 15 2010 03:33 Nov 16, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A15NO7.032 H15NOPT1 jbell on DSKDVH8Z91PROD with HOUSE November 15, 2010 CONGRESSIONAL RECORD — HOUSE H7413 Whereas six years after the Brown deci- Bridges, who helped desegregate a pre- during the freedom rides, segregated sion, on November 14, 1960, Ruby Bridges, at viously all-white public elementary restaurants and waiting areas in inter- the age of six, was the first African-Amer- school. This is the 50th anniversary, state bus terminals were successfully ican child to integrate the previously all- yesterday, actually, of the integration challenged. White William Frantz Elementary School; Whereas Ruby Bridges courageously took of the William Frantz public school lo- And so this all culminated into what? the first step into a desegregated future cated in New Orleans, Louisiana. Well, the Civil Rights Act of 1964 and made possible by the Supreme Court’s his- I had the pleasure of meeting Ruby the Voting Rights Act of 1965, and the toric ruling in the Brown decision; Bridges once, and she’s a very impres- Fair Housing Act of 1968.