Cleveland Law Library Weblog

U.S. Copyright Office Posts Title 17 Book on Internet

The United States Copyright Office recently posted the book called “Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code” on its website. The book is still available for purchase in print, but online access now facilitates access to the text of title 17 U.S.C., as amended through 2006. It also contains the Copyright Act of 1976 and all subsequent amendments to copyright law; the Semiconductor Chip Protection Act of 1984, as amended; and the Vessel Hull Design Protection Act, as amended. The Apendix contains miscellaneous related items such as the Berne Convention,  the Uruguay Round Agreements, and GATT documents . The book is available in either pdf or html versions and can be accessed by chapters or the entirety.

Feds and ODOT Want LeBron Witnesses Sign Down

Despite the fact that LeBron James and the Cavs have made it to the National playoffs, the Feds and ODOT want to take down LeBron's "We Are All Witnesses" sign on the Sherwin-Williams building in downtown Cleveland.  According to the Plain Dealer, the feds claim that the sign violates the Federal Highway Beautification Act of 1965, 79 Stat. 1028, 23 U.S.C. 319. The Act was originally designed to prohibit the construction of new billboards on scenic and rural federal-aid highways and require the removal of non-conforming billboards.  Ohio Revised Code Section 5529.04 addresses state implementation of the Federal Act.  In another article, the Plain Dealer reports that Governor Strickland considers the sign to be commercial artwork and supports leaving the sign up.

Tax Relief and Health Care Act of 2006

For a nice summary of the Tax Relief and Health Care Act of 2006, HR 6111, see Tax Relief and Health Care Act of 2006 by Thompson Hine Taxation Practice Group, Feb. 13, 2007.  The act extended for two years certain deductions, credits and other provisions which were previously only in effect until the end of 2005.  Tax credits regarding certain energy conservation measures have been extended from the end of 2007 to the end of 2008.  The act makes other changes, including changes to health savings account provisions. 

Bill Allows Land Owners' Takings Claims in Federal Court

H.R. 4772, the Private Property Rights Implementation Bill would allow property owners to litigate takings claims in federal court. 

"Under current law, landowners face a real Catch-22 situation. They must litigate their case in state court before a federal court will rule on a Fifth Amendment takings claim. However, bringing the case to state court and having a takings claim heard -- even under state law -- precludes a review by the federal courts. As a result, property owners can never have their Fifth Amendment takings cases heard in federal court."

Home Builders Call on Congress to Pass Property Rights Bill , PRNewswire, Sept. 27, 2006, posted on the Builder Online website. 

Changes to Charitable Tax Deductions

Beside making changes to pension laws, the Pension Protection Act of 2006 also made changes to charitable tax deductions.  People over 70 1/2 can make a direct charitable contribution from their IRA, shielding some of the income tax effects of an IRA distribution.  Stricter rules for noncash charitable donations are imposed, such as requiring the items donated to be in good condition. Appraisals are required for items valued at over $500.  No deduction for cash donations are allowed unless the taxpayer can show a letter from the charity or a bank record.  Previously, records were only required for donations over $250.  New Law Changes Charitable Contributions by Eileen Alt Powell, Findlaw, Sept 20, 2006. 

Source:  For You and Your Clients - "New Law Changes Charitable Contributions", Stark County Law Library Blog, Sept. 26, 2006. 

New Pension Law Delays Taxation for Nonspouse Inheritors

HR 4, the Pension Protection Act of 2006, allows people who inherit 401(k) accounts to make withdrawals over their lifetime, rather than requiring them to withdraw the money all at once.  Thus, taxing of the 401(k) will occur in increments, rather than all at once.  Under prior law, only spouses could make withdrawals over their lifetime.  However, spouses still have some benefits over nonspouses under HR 4.  Spouses can rollover the 401(k) into their own IRA, delaying withdrawals (and taxation) until age 70 1/2.  Nonspouses must make withdrawals right away.  See "Nonspouses' 401(k) Rights Rise Under New Pension Reform Law" by Paul Katzeff, Investor's Business Daily, Aug. 21, 2006.

President Signs Pension Reform Bill

President Bush signed HR 4, the Pension Protection Act of 2006.  President Bush Signs New Pension Bill by Mary Dalrymple, Chicago Tribune, Aug. 17, 2006.  For more details on the Act, see our prior post:  President Expected to Sign Pension Reform Bill.   Detailed analysis and highlights are available through the library database, RIA Checkpoint.

President Expected to Sign Pension Reform Bill

President Bush is expected to sign HR 4, the Pension Protection Act of 2006.  The Act requires companies with underfunded pension plans to become fully funded within seven years.  If a plan is "at risk" the employer must make accelerated contributions.  Airlines who have a "hard freeze" on their pension plans have up to 17 years to meet funding requirements.  Airlines with a "soft freeze" will have 10 years.   

Some experts predict that the Act will result in a shift to 401(k)s and other nontraditional plans, where companies pay money up front or not at all.  These experts believe that the shift to nontraditional plans will result because the Act measures whether plans are underfunded based in part on the corporate bond rate, which is more unpredictable than the 30 year Treasury rate. See Law Could Speed Flight from Pensions, Experts Say byJoshua Freed, Associated Press, The Plain Dealer, Aug. 5, 2006.

The Act also adds legal certainty to cash balance plans, which have been challenged based on age discrimination.  Future, but not retroactive switching to "hybrid" plans, combining traditional pensions and savings accounts, are protected by the Act.  Older employees claimed the switch to such plans discriminated against them, because they did not have as much time to accumulate money in the 401(k) accounts.  The Act creates a simple age discrimination test.

The Act also increases the disclosures employers must make to employees concerning their pension plans. Also, employers may automatically enroll employees in 401(k) plans.      

See Senate Approves Pension Overhaul by Amy Goldstein, The Washington Post, Aug. 4, 2006; Employers to Get Seven Years to Make Pension Plans Solvent , by Associated Press, The Plain Dealer, Aug. 5, 2006; Law Could Speed Flight from Pensions, Experts Say byJoshua Freed, Associated Press, The Plain Dealer, Aug. 5, 2006; Senate Passes Bill Shoring Up Pensions by Jim Abrams,  Associated Press, The Plain Dealer, Aug. 4, 2006; "House and Senate Pass Pension Protection Act", RIA Pension and Benefits Week Newsletter, Aug. 7, 2006 (Provides a more detailed look at the changes for single employer vs. multiemployer plans.) 

Congress Tries to Stop Selling of Cell Phone Numbers

There are two bills pending in Congress which hope to end the unlawful obtaining and selling of confidential phone data.  They are the Law Enforcement and Phone Privacy Act of 2006, HR 4709, and the Protecting Consumer Phone Records Act, S 2389 .  There are many Internet sites selling cell phone numbers.  Some of these sites recently refused to disclose the source of their data to a Congressional Committee.  See House Subpoenas Phone Data Sites by Roy Mark, Internet News.com, April 7, 2006; Cell Phone Data Brokers Ignore Congress, TVC Alert, April 10, 2006.   

Proposed Federal Insurance Regulation: More Federal Preemption?

The U.S. Senate introduced S.B. 2509, otherwise known as the "National Insurance Act of 2006".  The bill creates an "optional federal charter system", giving life and property & casualty insurers the option of being regulated under a federal system, rather than the states.  As of this writing, the bill has not been posted on Thomas.  The House is considering the State Modernization and Regulatory Transparency Act (SMART act), which will streamline state insurance regulation. See State Lawmakers Balk at Growing Trend of Federal Preemption by Andrew G. Simpson, Jr., Insurance Journal, April 10, 2006, and Regulatory Modernization Tops Industry's Legislative Agenda for 2006 by Britton Wells, Insurance Journal, Jan. 26, 2006.  Several groups have voiced opposition to the Senate bill.  See  BIG “I” STRONGLY OPPOSES OPTIONAL FEDERAL REGULATION BILL, by Independent Insurance Agents and Brokers of America, April 5, 2006.