Re: Recent Amendment re: Software as Work Made for Hire?

On Sun, 30 Jan 2000, Mike Phillips <mfslaw[_at_]mailandnews.com> wrote:
>
> On Fri, 28 Jan 2000, Terry Carroll <carroll[_at_]tjc.com> wrote:
> >
> > This change was made in S.1948, sec. 1011(d) (incorporated by reference
> > in Pub.L. 106-113 sec. 1000(a)(9)), Nov. 29, 1999).
>
> ... and 106-113 is not even listed at
> http://www.access.gpo.gov/nara/publaw/106publ.html.
> I'm confused!

That's not an exhaustive list. It's only a list of what the GPO has available online. PL106-113 was the appropriations bill, and it's pretty big. Maybe the GPO hasn't gotten around to converting it to PDF and putting it online. More likely, they haven't figured out how to handle the Section 1000 incorporations by reference.

It's on Thomas. if you go to <http://thomas.loc.gov/>, you can click on "106th" under "Public Laws by Law Number."; then click on "106-101 -- 106-150". Under "113" you'll see:

1. H.R.3194 : An act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes. Sponsor: Rep Istook, Ernest J., Jr. - Latest Major Action: 11/29/1999 Became Public Law No: 106-113. (The following measures were enacted into law by Public Law No. 106-113. These bills were incorporated by cross-reference in the conference report [H. Rept. 106-479] to H.R.
2. H.R. 3421 - Commerce Justice State Judiciary Appropriations; H.R. 3422 - Foreign Operations Appropriations; H.R. 3423 Interior Appropriations; H.R. 3424 Labor HHS Education Appropriations; H.R. 3425 - Miscellaneous Appropriations [0.38% cuts, offsets, international debt relief, etc.]; H.R. 3426 - Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999; H.R. 3427 - Foreign Relations Authorizations; H.R. 3428 - Federal Milk Marketing Orders; and S. 1948 - Intellectual Property and Communications Omnibus Reform Act of 1999 [satellite television, trademark cyberpiracy prevention, etc.].) (CR 11/17/1999 H12239, Division B)

     Committees: House Appropriations

The operative text of PL106-113, as it affects the work-made-for-hire issue, is pretty boring:

   SEC. 1000. (a) The provisions of the following bills are hereby enacted    into law:

     ...
     (9) S. 1948 of the 106th Congress, as introduced on November 17,
         1999.

To look at S.1948, you then have to go to <http://thomas.loc.gov/bss/d106query.html> and look up "S.1948" under "Bill/Amendment No."

-- 
Terry Carroll         |
Santa Clara, CA       |            
carroll[_at_]tjc.com       |
Modell delendus est   |