IB
Union Calendar No. 258
105TH CONGRESS
2D SESSION
H. R. 2589
[Report No. 105–452]
To amend the provisions of title 17, United States Code, with respect to
the duration of copyright, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 1997
Mr. COBLE (for himself, Mr. FRANK of Massachusetts, Mr. CONYERS, Mr.
GALLEGLY, Mr. GOODLATTE, Mr. BONO, Mr. CANNON, Mr. MCCOLLUM,
Mr. CANADY of Florida, Mr. BERMAN, Mr. BOUCHER, Ms. LOFGREN, and
Mr. DELAHUNT) introduced the following bill; which was referred to the
Committee on the Judiciary
MARCH 18, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 1, 1997]
A BILL
To amend the provisions of title 17, United States Code,
with respect to the duration of copyright, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Copyright Term Exten-
sion Act’’.
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 in-
serting ‘‘70’’;
(2) in subsection (b) by striking ‘‘fifty’’ and in-
serting ‘‘70’’;
(3) in subsection (c) in the first sentence—
(A) by striking ‘‘seventy-five’’ and inserting
‘‘95’’; and
(B) by striking ‘‘one hundred’’ and insert-
ing ‘‘120’’; and
(4) in subsection (e) in the first sentence—
(A) by striking ‘‘seventy-five’’ and inserting
‘‘95’’;
(B) by striking ‘‘one hundred’’ and insert-
ing ‘‘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 COPY-
RIGHTS.—
(1) IN
GENERAL.—Section 304 of title 17,
United States Code, is amended—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) in subparagraph (B) by strik-
ing ‘‘47’’ and inserting ‘‘67’’; and
(II) in subparagraph (C) by strik-
ing ‘‘47’’ and inserting ‘‘67’’;
(ii) in paragraph (2)—
(I) in subparagraph (A) by strik-
ing ‘‘47’’ and inserting ‘‘67’’; and
(II) in subparagraph (B) by strik-
ing ‘‘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 strik-
ing ‘‘47’’ and inserting ‘‘67’’;
(B) by amending subsection (b) to read as
follows:
‘‘(b) COPYRIGHTS IN THEIR RENEWAL TERM AT THE
TIME OF THE EFFECTIVE DATE OF THE COPYRIGHT TERM
EXTENSION ACT OF 1997.—Any copyright still in its re-
newal term at the time that the Copyright Term Extension
Act of 1997 becomes effective shall have a copyright term
of 95 years from the date copyright was originally se-
cured.’’;
(C) in subsection (c)(4)(A) in the first sen-
tence by inserting ‘‘or, in the case of a termi-
nation under subsection (d), within the five-year
period specified by subsection (d)(2),’’ after
‘‘specified by clause (3) of this subsection,’’; and
(D) by adding at the end the following new
subsection:
‘‘(d) TERMINATION RIGHTS PROVIDED IN SUBSECTION
(c) WHICH HAVE EXPIRED ON OR BEFORE THE EFFECTIVE
DATE
OF
THE COPYRIGHT TERM EXTENSION ACT
OF
1997.—In the case of any copyright other than a work made
for hire, subsisting in its renewal term on the effective date
of the Copyright Term Extension Act of 1997 for which the
termination right provided in subsection (c) has expired by
such date, where the author or owner of the termination
right has not previously exercised such termination right,
the exclusive or nonexclusive grant of a transfer or license
of the renewal copyright or any right under it, executed
before January 1, 1978, by any of the persons designated
in subsection (a)(1)(C) of this section, other than by will,
is subject to termination under the following conditions:
‘‘(1) The conditions specified in subsection (c)
(1), (2), (4), (5), and (6) of this section apply to ter-
minations of the last 20 years of copyright term as
provided by the amendments made by the Copyright
Term Extension Act of 1997.
‘‘(2) Termination of the grant may be effected at
any time during a period of 5 years beginning at the
end of 75 years from the date copyright was origi-
nally secured.’’.
(2) COPYRIGHT RENEWAL ACT OF 1992.—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 sub-
section (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 Exten-
sion Act of 1997’’; and
(B) in subsection (g)(2) in the second sen-
tence 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. TERMINATION OF TRANSFERS AND LICENSES COV-
ERING EXTENDED RENEWAL TERM.
Sections 203(a)(2) and 304(c)(2) of title 17, United
States Code, are each amended—
(1) by striking ‘‘by his widow or her widower
and his or her children or grandchildren’’; and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) In the event that the author’s widow,
widower, children, and grandchildren are not
living, the author’s executors shall own the au-
thor’s entire termination interest, or, in the ab-
sence of a will of the author, the author’s next
of kin shall own the author’s entire termination
interest, on a per stirpes basis according to the
number of such author’s next of kin represented.
The share of the children of a dead next of kin
at the same level of relationship to the author eli-
gible to take a share of a termination interest
can be exercised only by the action of a majority
of them.’’.
SEC. 4. REPRODUCTION BY LIBRARIES AND ARCHIVES.
Section 108 of title 17, United States Code, is amend-
ed—
(1) by redesignating subsection (h) as subsection
(i); and
(2) by inserting after subsection (g) the follow-
ing:
‘‘(h)(1) 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 insti-
tution 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 sub-
paragraphs (A), (B), and (C) of paragraph (2) apply.
‘‘(2) No reproduction, distribution, display, or per-
formance is authorized under this subsection if—
‘‘(A) the work is subject to normal commercial
exploitation;
‘‘(B) a copy or phonorecord of the work can be
obtained at a reasonable price; or
‘‘(C) 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 subparagraphs (A) and (B) applies.
‘‘(3) The exemption provided in this subsection does
not apply to any subsequent uses by users other than such
library or archives.’’.
SEC. 5. VOLUNTARY NEGOTIATION REGARDING DIVISION
OF ROYALTIES.
It is the sense of the Congress that copyright owners
of audiovisual works for which the term of copyright protec-
tion is extended by the amendments made by this Act, and
the screenwriters, directors, and performers of those audio-
visual works, should negotiate in good faith in an effort
to reach a voluntary agreement or voluntary agreements
with respect to the establishment of a fund or other mecha-
nism for the amount of remuneration to be divided among
the parties for the exploitation of those audiovisual works.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act.