[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3517 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 3517

    To amend title 17, United States Code, to reform copyright laws 
                      relating to visual artists.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 17, 2025

  Mrs. Blackburn (for herself and Mr. Welch) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend title 17, United States Code, to reform copyright laws 
                      relating to visual artists.

    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 ``Visual Artists Copyright Reform Act 
of 2025'' or ``VACRA''.

SEC. 2. DEPOSITS IN CONNECTION WITH COPYRIGHT REGISTRATION.

    (a) Exemption of Certain Works From Best Edition Deposit 
Requirement.--Section 407 of title 17, United States Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``subsection (c)'' and inserting ``subsections 
        (c) and (f)''; and
            (2) by adding at the end the following:
    ``(f) Exemption for Pictorial, Graphic, and Sculptural Works.--The 
deposit requirements under subsection (a) shall not apply to a 
pictorial, graphic, or sculptural work.''.
    (b) Copyright Registration in General.--Section 408(b) of title 17, 
United States Code, is amended--
            (1) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (2) by inserting after paragraph (4) the following:
            ``(5) in the case of a pictorial, graphic, or sculptural 
        work, one complete electronic copy.''.
    (c) Third-Party Registries of Photographs.--
            (1) In general.--Chapter 7 of title 17, United States Code, 
        is amended by adding at the end the following:
``Sec. 711. Third-party registries of photographs
    ``(a) Regulations.--
            ``(1) In general.--The Register of Copyrights shall 
        establish regulations providing for the certification of third 
        party registries of photographs.
            ``(2) Conditions of certification.--The regulations 
        established under paragraph (1) shall require that an entity, 
        as a condition of being certified as a third party registry, 
        commit to--
                    ``(A) collecting and maintaining electronic copies 
                of photographs and related information for the duration 
                of the term of protection of copyright in each 
                photograph;
                    ``(B) collecting and maintaining, with respect to 
                each photograph deposited in the registry--
                            ``(i) the name of each author;
                            ``(ii) the name of each current copyright 
                        owner;
                            ``(iii) current contact information for 
                        each copyright owner;
                            ``(iv) the date of creation;
                            ``(v) the date on which the photograph was 
                        first uploaded to the registry; and
                            ``(vi) the title;
                    ``(C) providing a secure, searchable database of 
                all photographs deposited in the registry at no charge 
                to searchers;
                    ``(D) providing for the timely transfer of copies 
                of a photograph and all associated information to 
                another third party registry at the request of an 
                author or copyright owner of the photograph; and
                    ``(E) making the entirety of the third party 
                registry available for interactive communication of 
                data with systems of the Copyright Office without 
                charge.
    ``(b) Relation to Deposit Requirements.--Deposit of a photograph in 
a third party registry shall satisfy the deposit requirements of 
section 408.
    ``(c) Applicability.--Subsections (a) and (b) shall not apply if 
the Register of Copyright certifies that the Copyright Office is in 
compliance with subsection 409(b).''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 7 of title 17, United States Code, is 
        amended by adding at the end the following:

``711. Third-party registries of photographs.''.

SEC. 3. GROUP REGISTRATION OF PHOTOGRAPHS.

    (a) In General.--Section 408(c) of title 17, United States Code, is 
amended by adding at the end the following:
            ``(4)(A) Without prejudice to the general authority 
        provided under paragraph (1), the Register of Copyrights shall 
        establish regulations specifically permitting a single 
        registration for a group of photographs by the same individual 
        author on the basis of a single application and registration 
        fee, under the following conditions:
                    ``(i) The deposit is made in compliance with either 
                this section or section 711 and consists only of 
                photographs.
                    ``(ii) The group consists of not more than 3,000 
                works, subject to subparagraph (B)(iii).
                    ``(iii) The application identifies each work.
                    ``(iv) The applicant provides a title for the group 
                as a whole.
            ``(B)(i) The Register of Copyrights shall establish 
        regulations under subparagraph (A) for the registration of 
        groups at quantity tiers that accommodate practical creative 
        workflows.
            ``(ii) The regulations established under subparagraph (A) 
        shall permit registration of groups without regard to 
        publication status, date of publication, or date of creation.
            ``(iii) The Register shall amend the regulations 
        established under subparagraph (A) to increase the maximum 
        number of photographs that may be included in a single 
        registration above 3,000 as technology develops in the 
        marketplace that allows for more efficient registration.''.
    (b) Technical and Conforming Amendment.--Section 408(c)(2) of title 
17, United States Code, is amended by striking ``clause (1)'' and 
inserting ``paragraph (1)''.

SEC. 4. DEFERRED REGISTRATION.

    Section 408 of title 17, United States Code, is amended by adding 
at the end the following:
    ``(g) Deferred Registration of Pictorial, Graphic, and Sculptural 
Works.--
            ``(1) Rulemaking.--Not later than 180 days after the date 
        of enactment of this subsection, the Register of Copyrights 
        shall issue regulations to establish procedures for deferred 
        registration of pictorial, graphic, and sculptural works.
            ``(2) Application for deferred registration.--An applicant 
        for deferred registration under this subsection shall submit--
                    ``(A) to the Copyright Office by electronic means--
                            ``(i) an application for deferred 
                        registration of the work or group of works; and
                            ``(ii) the applicable fee; and
                    ``(B) to the Copyright Office or a third party 
                registry (as described in section 711), each 
                corresponding deposit in accordance with this section 
                or section 711, as applicable.
            ``(3) Effective date of registration.--The date on which 
        materials are submitted under paragraph (2) shall be the 
        effective date of registration, as described in subsection 
        410(d).
            ``(4) Enforcement by u.s. customs and border protection of 
        works for which copyright registration is pending.--An 
        application for deferred registration under this subsection 
        shall be considered an application for registration under this 
        title with the Copyright Office for purposes of section 304 of 
        the Trade Facilitation and Trade Enforcement Act of 2015 (19 
        U.S.C. 4343).
            ``(5) Examination for registration.--At any time during the 
        subsistence of copyright in a work that was the subject of a 
        deferred registration under this subsection, the owner of 
        copyright or of any exclusive right in the work may request, 
        upon payment of the applicable fee, the examination of that 
        work for registration under subsection (a).''.

SEC. 5. COPYRIGHT REGISTRATION APPLICATION.

    Section 409 of title 17, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        application'';
            (2) in subsection (a)(8), as so designated, by striking the 
        semicolon and inserting the following: ``, unless the work--
                    ``(A) is a pictorial, graphic, or sculptural work;
                    ``(B) is a United States work; and
                    ``(C) was created after March 1, 1989;''; and
            (3) by adding at the end the following:
    ``(b) Public-Facing Interface.--In order to facilitate an efficient 
process for the submission of an application for copyright 
registration, the Register of Copyrights shall implement as 
expeditiously as practicable and maintain a contemporary public-facing 
interface that is interoperable with software commonly used by 
professional creators such that the deposits and information required 
under section 408 and this section can be automatically transmitted and 
populate an online registration application.''.

SEC. 6. RETENTION OF DEPOSITS.

    Subsection 704(d) of title 17, United States Code, is amended, in 
the second sentence, by inserting ``and works deposited in electronic 
format'' after ``but, in the case of unpublished works''.

SEC. 7. FEES.

    Section 708 of title 17, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (11) the 
                following:
            ``(12) on filing an application under section 408(g) for 
        deferred registration, which fee shall be not more than one-
        half of the fee for filing a standard application under section 
        408.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``and (11)'' after ``(1) through (9)'';
                    (B) in paragraph (4), by inserting before the 
                period at the end the following: ``, including ensuring 
                that professional creators can afford to register all 
                their works''; and
                    (C) by adding at the end the following:
            ``(6) The Register shall provide reduced fees for 
        individual authors and small business entities.''; and
            (3) by adding at the end the following:
    ``(f) Registration Subscriptions for Pictorial, Graphic, and 
Sculptural Works.--
            ``(1) Rulemaking.--Not later than 180 days after the date 
        of enactment of the Visual Artists Copyright Reform Act of 
        2025, the Register of Copyrights shall establish regulations 
        providing for yearly and periodic registration subscriptions 
        for the registration of pictorial, graphic, and sculptural 
        works.
            ``(2) Subscription fees.--The Register shall set and adjust 
        fees for subscriptions described in paragraph (1) in accordance 
        with subsection (b).
            ``(3) Applications under section 408.--Notwithstanding 
        paragraphs (1) and (12) of subsection (a), the Register may not 
        require a fee on filing an application under section 408 for 
        registration of a copyright claim, supplementary registration, 
        or deferred registration if the applicant has paid for a yearly 
        or periodic subscription under this subsection and the 
        application is submitted during the term of the 
        subscription.''.
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