Copyright Term Extension Act of 1997

Summary: Copyright Term Extension Act of 1997 - Amends Federal copyright provisions regarding preemption of laws concerning duration of copyrights.  Prohibits the annulment or limitation of rights or remedies under State laws with respect to sound recordings fixed before February 15, 1972, until February 15, 2067 (currently, 2047). 
Extends the duration of copyright in a work created on or after January 1, 1978, to the life of the author and 70 (currently, 50) years after the author's death.  Makes the same extension with regard to joint works created on or after such date. 
Extends the duration of copyright in anonymous or pseudonymous works or works made for hire on or after such date to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever expires first.  Makes conforming extensions with respect to provisions regarding the presumption of an author's death. 
Extends from December 31, 2027, to December 31, 2047, the duration of copyright in works published on or before December 31, 2012. 
Extends the duration of certain subsisting copyright renewals by a period of 20 years. 
Allows, during the last 20 years of any term of copyright of a published work, a library or archives to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of such work for purposes of preservation, scholarship, or research after determining that none of the following conditions apply:  (1) the work is subject to normal commercial exploitation; (2) a copy or phonorecord of the work can be obtained at a reasonable price; or (3) the copyright owner or its agent provides notice that either condition above applies.  Provides that such exemption does not apply to any subsequent uses by users other than such library or archives.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Term Extension Act of 
1997''.

SEC. 2. DURATION OF COPYRIGHT PROVISIONS.

    (a) Preemption With Respect to Other Laws.--Section 301(c) of title 
17, United States Code, is amended by striking ``February 15, 2047'' 
each place it appears and inserting ``February 15, 2067''.
    (b) Duration of Copyright: Works Created on or After January 1, 
1978.--Section 302 of title 17, United States Code, is amended--
            (1) in subsection (a) by striking ``fifty'' and inserting 
        ``70'';
            (2) in subsection (b) by striking ``fifty'' and inserting 
        ``70'';
            (3) in subsection (c) in the first sentence--
                    (A) by striking ``seventy-five'' and inserting 
                ``95''; and
                    (B) by striking ``one hundred'' and inserting 
                ``120''; and
            (4) in subsection (e) in the first sentence--
                    (A) by striking ``seventy-five'' and inserting 
                ``95'';
                    (B) by striking ``one hundred'' and inserting 
                ``120''; and
                    (C) by striking ``fifty'' each place it appears and 
                inserting ``70''.
    (c) Duration of Copyright: Works Created but Not Published or 
Copyrighted Before January 1, 1978.--Section 303 of title 17, United 
States Code, is amended in the second sentence by striking ``December 
31, 2027'' and inserting ``December 31, 2047''.
    (d) Duration of Copyright: Subsisting Copyrights.--
            (1) Section 304 of title 17, United States Code, is 
        amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (B) by striking 
                                ``47'' and inserting ``67''; and
                                    (II) in subparagraph (C) by 
                                striking ``47'' and inserting ``67'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A) by striking 
                                ``47'' and inserting ``67''; and
                                    (II) in subparagraph (B) by 
                                striking ``47'' and inserting ``67''; 
                                and
                            (iii) in paragraph (3)--
                                    (I) in subparagraph (A)(i) by 
                                striking ``47'' and inserting ``67''; 
                                and
                                    (II) in subparagraph (B) by 
                                striking ``47'' and inserting ``67''; 
                                and
                    (B) by amending subsection (b) to read as follows:
    ``(b) Copyrights in Their Renewal Term.--Any copyright still in its 
renewal term at the time that the Copyright Term Extension Act of 1997 
becomes effective shall endure for a term of 95 years from the date 
copyright was originally secured.''.
            (2) Section 102 of the Copyright Renewal Act of 1992 
        (Public Law 102-307; 106 Stat. 266; 17 U.S.C. 304 note) is 
        amended--
                    (A) in subsection (c)--
                            (i) by striking ``47'' and inserting 
                        ``67'';
                            (ii) by striking ``(as amended by 
                        subsection (a) of this section)''; and
                            (iii) by striking ``effective date of this 
                        section'' each place it appears and inserting 
                        ``effective date of the Copyright Term 
                        Extension Act of 1997''; and
                    (B) in subsection (g)(2) in the second sentence by 
                inserting before the period the following: ``, except 
                each reference to forty-seven years in such provisions 
                shall be deemed to be 67 years''.

SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES.

    Section 108 of title 17, United States Code, is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) For purposes of this section, during the last 20 years of any 
term of copyright of a published work, a library or archives, including 
a nonprofit educational institution that functions as such, may 
reproduce, distribute, display, or perform in facsimile or digital form 
a copy or phonorecord of such work, or portions thereof, for purposes 
of preservation, scholarship, or research, if such library or archives 
has first determined, on the basis of a reasonable investigation, that 
none of the conditions set forth in paragraphs (1), (2), and (3) apply. 
No reproduction, distribution, display, or performance is authorized 
under this subsection if--
            ``(1) the work is subject to normal commercial 
        exploitation;
            ``(2) a copy or phonorecord of the work can be obtained at 
        a reasonable price; or
            ``(3) the copyright owner or its agent provides notice 
        pursuant to regulations promulgated by the Register of 
        Copyrights that either of the conditions set forth in 
        paragraphs (1) and (2) applies.
The exemption provided in this subsection does not apply to any 
subsequent uses by users other than such library or archives.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of the enactment of this Act.