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105TH CONGRESS

1ST SESSION H. R. 604

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

copyright, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 5, 1997

Mr. GALLEGLY (for himself, Mr. COBLE, Mr. BERMAN, Mr. MCCOLLUM, Ms.

LOFGREN, Mr. GOODLATTE, Mr. CLEMENT, Mr. GEKAS, Mr.

UNDERWOOD, and Mr. OWENS) introduced the following bill; which was

referred to the Committee on the Judiciary

A BILL

To amend 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Copyright Term Ex5 tension Act of 1997’’.

6 SEC. 2. DURATION OF COPYRIGHT PROVISIONS.

7 (a) PREEMPTION WITH RESPECT TO OTHER

8 LAWS.—Section 301(c) of title 17, United States Code,
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1 is amended by striking ‘‘February 15, 2047’’ each place

2 it appears and inserting ‘‘February 15, 2067’’.

3 (b) DURATION OF COPYRIGHT: WORKS CREATED ON

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

5 United States Code, is amended—

6 (1) in subsection (a) by striking ‘‘fifty’’ and in7 serting ‘‘70’’;

8 (2) in subsection (b) by striking ‘‘fifty’’ and in9 serting ‘‘70’’;

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

11 (A) by striking ‘‘seventy-five’’ and insert12 ing ‘‘95’’; and

13 (B) by striking ‘‘one hundred’’ and insert14 ing ‘‘120’’; and

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

16 (A) by striking ‘‘seventy-five’’ and insert17 ing ‘‘95’’;

18 (B) by striking ‘‘one hundred’’ and insert19 ing ‘‘120’’; and

20 (C) by striking ‘‘fifty’’ each place it ap21 pears and inserting ‘‘70’’.

22 (c) DURATION OF COPYRIGHT: WORKS CREATED

23 BUT NOT PUBLISHED OR COPYRIGHTED BEFORE JANU24 ARY 1, 1978.—Section 303 of title 17, United States
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1 Code, is amended in the second sentence by striking ‘‘De2 cember 31, 2027’’ and inserting ‘‘December 31, 2047’’.

3 (d) 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

12 striking ‘‘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

17 striking ‘‘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

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

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

24 follows:
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1 ‘‘(b) COPYRIGHTS IN THEIR RENEWAL TERM.—Any

2 copyright still in its renewal term at the time that the

3 Copyright Term Extension Act of 1997 becomes effective

4 shall endure for a term of 95 years from the date copy5 right was originally secured.’’.

6 (2) Section 102 of the Copyright Renewal Act

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

8 U.S.C. 304 note) is amended—

9 (A) in subsection (c)—

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

11 ‘‘67’’;

12 (ii) by striking ‘‘(as amended by sub13 section (a) of this section)’’; and

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

15 section’’ each place it appears and insert16 ing ‘‘effective date of the Copyright Term

17 Extension Act of 1997’’; and

18 (B) in subsection (g)(2) in the second sen19 tence by inserting before the period the follow20 ing: ‘‘, except each reference to forty-seven

21 years in such provisions shall be deemed to be

22 67 years’’.

23 SEC. 3. REPRODUCTION BY LIBRARIES AND ARCHIVES.

24 Section 108 of title 17, United States Code, is

25 amended—
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1 (1) by redesignating subsection (h) as sub2 section (i); and

3 (2) by inserting after subsection (g) the follow4 ing:

5 ‘‘(h) For purposes of this section, during the last 20

6 years of any term of copyright of a published work, a li7 brary or archives, including a nonprofit educational insti8 tution that functions as such, may reproduce, distribute,

9 display, or perform in facsimile or digital form a copy or

10 phonorecord of such work, or portions thereof, for pur11 poses of preservation, scholarship, or research, if such li12 brary or archives has first determined, on the basis of a

13 reasonable investigation, that none of the conditions set

14 forth in paragraphs (1), (2), and (3) apply. No reproduc15 tion, distribution, display, or performance is authorized

16 under this subsection if—

17 ‘‘(1) the work is subject to normal commercial

18 exploitation;

19 ‘‘(2) a copy or phonorecord of the work can be

20 obtained at a reasonable price; or

21 ‘‘(3) the copyright owner or its agent provides

22 notice pursuant to regulations promulgated by the

23 Register of Copyrights that either of the conditions

24 set forth in paragraphs (1) and (2) applies.
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1 The exemption provided in this subsection does not apply

2 to any subsequent uses by users other than such library

3 or archives.’’.

4 SEC. 4. EFFECTIVE DATE.

5 This Act and the amendments made by this Act shall

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

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