Calendar No. 491

104TH CONGRESS

2D SESSION S. 483

[Report No. 104–315]

A BILL

To amend the provisions of title 17, United States

and for other purposes.Code, with respect to the duration of copyright,

JULY 10, 1996

Reported with an amendment
II

Calendar No. 491

104TH CONGRESS

2D SESSION S. 483

[Report No. 104–315]

To amend the provisions of title 17, United States Code, with respect to

the duration of copyright, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 2 (legislative day, FEBRUARY 22), 1995

Mr. HATCH (for himself, Mrs. FEINSTEIN, Mr. THOMPSON, Mr. SIMPSON,

Mrs. BOXER, Mr. ABRAHAM, Mr. HEFLIN, and Mr. LEAHY) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

JULY 10, 1996

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the provisions of title 17, United States Code,

with respect to the duration of copyright, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Copyright Term Ex3 tension Act of 1995’’.

4 SEC. 2. DURATION OF COPYRIGHT PROVISIONS.

5 (a) PREEMPTION WITH RESPECT TO OTHER

6 LAWS.—Section 301(c) of title 17, United States Code,

7 is amended by striking out ‘‘February 15, 2047’’ in each

8 place it appears and inserting ‘‘February 15, 2067’’ in

9 each such place.

10 (b) DURATION OF COPYRIGHT: WORKS CREATED ON

11 OR AFTER JANUARY 1, 1978.—Section 302 of title 17,

12 United States Code, is amended—

13 (1) in subsection (a) by striking out ‘‘fifty’’ and

14 inserting in lieu thereof ‘‘seventy’’;

15 (2) in subsection (b) by striking out ‘‘fifty’’ and

16 inserting in lieu thereof ‘‘seventy’’;

17 (3) in subsection (c) in the first sentence—

18 (A) by striking out ‘‘seventy-five’’ and in19 serting in lieu thereof ‘‘ninety-five’’; and

20 (B) by striking out ‘‘one hundred’’ and in21 serting in lieu thereof ‘‘one hundred and twen22 ty’’; and

23 (4) in subsection (e) in the first sentence—

24 (A) by striking out ‘‘seventy-five’’ and in25 serting in lieu thereof ‘‘ninety-five’’;
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1 (B) by striking out ‘‘one hundred’’ and in2 serting in lieu thereof ‘‘one hundred and twen3 ty’’; and

4 (C) by striking out ‘‘fifty’’ in each place it

5 appears and inserting ‘‘seventy’’ in each such

6 place.

7 (c) DURATION OF COPYRIGHT: WORKS CREATED

8 BUT NOT PUBLISHED OR COPYRIGHTED BEFORE JANU9 ARY 1, 1978.—Section 303 of title 17, United States

10 Code, is amended in the second sentence—

11 (1) by striking out ‘‘December 31, 2002’’ in

12 each place it appears and inserting ‘‘December 31,

13 2012’’ in each such place; and

14 (2) by striking out ‘‘December 31, 2027’’ and

15 inserting in lieu thereof ‘‘December 31, 2047’’.

16 (d) DURATION OF COPYRIGHT: SUBSISTING COPY17 RIGHTS.—

18 (1) Section 304 of title 17, United States Code,

19 is amended—

20 (A) in subsection (a)—

21 (i) in paragraph (1)—

22 (I) in subparagraph (B) by strik23 ing out ‘‘47’’ and inserting in lieu

24 thereof ‘‘67’’; and
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1 (II) in subparagraph (C) by

2 striking out ‘‘47’’ and inserting in lieu

3 thereof ‘‘67’’;

4 (ii) in paragraph (2)—

5 (I) in subparagraph (A) by strik6 ing out ‘‘47’’ and inserting in lieu

7 thereof ‘‘67’’; and

8 (II) in subparagraph (B) by

9 striking out ‘‘47 and inserting in lieu

10 thereof ‘‘67’’; and

11 (iii) in paragraph (3)—

12 (I) in subparagraph (A)(i) by

13 striking out ‘‘47’’ and inserting in lieu

14 thereof ‘‘67’’; and

15 (II) in subparagraph (B) by

16 striking out ‘‘47’’ and inserting in lieu

17 thereof ‘‘67’’; and

18 (B) in subsection (b) by striking out ‘‘sev19 enty-five’’ and inserting in lieu thereof ‘‘ninety20 five’’.

21 (2) Section 102 of the Copyright Renewal Act

22 of 1992 (Public Law 102–307; 106 Stat. 266; 17

23 U.S.C. 304 note) is amended—

24 (A) in subsection (c)—
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1 (i) by striking out ‘‘47’’ and inserting

2 in lieu thereof ‘‘67’’;

3 (ii) by striking out ‘‘(as amended by

4 subsection (a) of this section)’’; and

5 (iii) by striking out ‘‘effective date of

6 this section’’ each place it appears and in7 serting in each such place ‘‘effective date

8 of the Copyright Term Extension Act of

9 1995’’; and

10 (B) in subsection (g)(2) in the second sen11 tence by inserting before the period the follow12 ing: ‘‘, except each reference to forty-seven

13 years in such provisions shall be deemed to be

14 sixty-seven years’’.

15 SEC. 3. EFFECTIVE DATE.

16 This Act and the amendments made by this Act shall

17 take effect on the date of the enactment of this Act.

18 SECTION 1. SHORT TITLE.

19 This Act may be cited as the ‘‘Copyright Term

20 Extension Act of 1996’’.

21 SEC. 2. DURATION OF COPYRIGHT PROVISIONS.

22 (a) CLARIFICATION OF LIBRARY EXEMPTION OF

23 EXCLUSIVE RIGHTS.—

24 Section 108 of title 17, United States Code, is amend25 ed—
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1 (1) by redesignating subsection (h) as subsection

2 (i); and

3 (2) by inserting after subsection (g) the

4 following:

5 ‘‘(h)(1) Notwithstanding any other limitation in this

6 title, for purposes of this section, during the last 20 years

7 of any term of a copyright of a published work, a library,

8 archives, or nonprofit educational institution may repro9 duce or distribute a copy or a phonorecord of such work,

10 or portions thereof, for purposes of preservation, scholar11 ship, teaching, or research, if the library, archives or non12 profit educational institution has first determined, on the

13 basis of a reasonable investigation of reasonably available

14 sources, that the work—

15 ‘‘(A) is not subject to normal commercial exploi16 tation; and

17 ‘‘(B) cannot be obtained at a reasonable price.

18 ‘‘(2) No reproduction or distribution under this sub19 section is authorized if the copyright owner or its agent pro20 vides notice to the Copyright Office that the condition in

21 paragraph (1)(A) or the condition in paragraph (1)(B) does

22 not apply.’’.

23 (b) PREEMPTION WITH RESPECT TO OTHER LAWS.—

24 Section 301(c) of title 17, United States Code, is amended
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1 by striking ‘‘February 15, 2047’’ each place it appears and

2 inserting ‘‘February 15, 2067’’.

3 (c) DURATION OF COPYRIGHT: WORKS CREATED ON

4 OR AFTER JANUARY 1, 1978.—Section 302 of title 17, Unit5 ed States Code, is amended—

6 (1) in subsection (a) by striking ‘‘fifty’’ and

7 inserting ‘‘70’’;

8 (2) in subsection (b) by striking ‘‘fifty’’ and

9 inserting ‘‘70’’;

10 (3) in subsection (c) in the first sentence—

11 (A) by striking ‘‘seventy-five’’ and inserting

12 ‘‘95’’; and

13 (B) by striking ‘‘one hundred’’ and

14 inserting ‘‘120’’; and

15 (4) in subsection (e) in the first sentence—

16 (A) by striking ‘‘seventy-five’’ and inserting

17 ‘‘95’’;

18 (B) by striking ‘‘one hundred’’ and

19 inserting ‘‘120’’; and

20 (C) by striking ‘‘fifty’’ each place it appears

21 and inserting ‘‘70’’.

22 (d) DURATION OF COPYRIGHT: WORKS CREATED BUT

23 NOT PUBLISHED OR COPYRIGHTED BEFORE JANUARY 1,

24 1978.—Section 303 of title 17, United States Code, is
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1 amended in the second sentence by striking ‘‘December 31,

2 2027’’ and inserting ‘‘December 31, 2047’’.

3 (e) DURATION OF COPYRIGHT: SUBSISTING COPY4 RIGHTS.—

5 (1) Section 304 of title 17, United States Code,

6 is amended—

7 (A) in subsection (a)—

8 (i) in paragraph (1)—

9 (I) in subparagraph (B) by strik10 ing ‘‘47’’ and inserting ‘‘67’’; and

11 (II) in subparagraph (C) by strik12 ing ‘‘47’’ and inserting ‘‘67’’;

13 (ii) in paragraph (2)—

14 (I) in subparagraph (A) by strik15 ing ‘‘47’’ and inserting ‘‘67’’; and

16 (II) in subparagraph (B) by strik17 ing ‘‘47’’ and inserting ‘‘67’’; and

18 (iii) in paragraph (3)—

19 (I) in subparagraph (A)(i) by

20 striking ‘‘47’’ and inserting ‘‘67’’; and

21 (II) in subparagraph (B) by strik22 ing ‘‘47’’ and inserting ‘‘67’’;

23 (B) by amending subsection (b) to read as

24 follows:
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1 ‘‘(b) COPYRIGHTS IN THEIR RENEWAL TERM AT THE

2 TIME OF THE EFFECTIVE DATE OF THE COPYRIGHT TERM

3 EXTENSION ACT OF 1996.—Any copyright still in its re4 newal term at the time that the Copyright Term Extension

5 Act of 1996 becomes effective shall have a copyright term

6 of 95 years from the date copyright was originally se7 cured.’’;

8 (C) in subsection (c)(4)(A) in the first sen9 tence by inserting ‘‘or, in the case of a termi10 nation under subsection (d), within the five-year

11 period specified by subsection (d)(2),’’ after

12 ‘‘specified by clause (3) of this subsection,’’; and

13 (D) by adding at the end the following new

14 subsection:

15 ‘‘(d) TERMINATION RIGHTS PROVIDED IN SUBSECTION

16 (c) WHICH HAVE EXPIRED ON OR BEFORE THE EFFECTIVE

17 DATE OF THE COPYRIGHT TERM EXTENSION ACT OF

18 1996.—In the case of any copyright other than a work made

19 for hire, subsisting in its renewal term on the effective date

20 of the Copyright Term Extension Act of 1996 for which the

21 termination right provided in subsection (c) has expired by

22 such date, where the author or owner of the termination

23 right has not previously exercised such termination right,

24 the exclusive or nonexclusive grant of a transfer or license

25 of the renewal copyright or any right under it, executed
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1 before January 1, 1978, by any of the persons designated

2 in subsection (a)(1)(C) of this section, other than by will,

3 is subject to termination under the following conditions:

4 ‘‘(1) The conditions specified in subsection (c)

5 (1), (2), (4), (5), and (6) of this section apply to ter6 minations of the last 20 years of copyright term as

7 provided by the amendments made by the Copyright

8 Term Extension Act of 1996.

9 ‘‘(2) Termination of the grant may be effected at

10 any time during a period of 5 years beginning at the

11 end of 75 years from the date copyright was origi12 nally secured.’’.

13 (2) Section 102 of the Copyright Renewal Act of

14 1992 (Public Law 102–307; 106 Stat. 266; 17 U.S.C.

15 304 note) is amended—

16 (A) in subsection (c)—

17 (i) by striking ‘‘47’’ and inserting

18 ‘‘67’’;

19 (ii) by striking ‘‘(as amended by sub20 section (a) of this section)’’; and

21 (iii) by striking ‘‘effective date of this

22 section’’ each place it appears and inserting

23 ‘‘effective date of the Copyright Term Exten24 sion Act of 1995’’; and
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1 (B) in subsection (g)(2) in the second sen2 tence by inserting before the period the following:

3 ‘‘, except each reference to forty-seven years in

4 such provisions shall be deemed to be 67 years’’.

5 SEC. 3. EFFECTIVE DATE.

6 This Act and the amendments made by this Act shall

7 take effect on the date of the enactment of this Act.