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105TH CONGRESS
1ST SESSION
H. R. 1621
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
MAY 15, 1997
Mr. BONO introduced the following bill; which was referred to the Committee
on the Judiciary
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 Ex-
tension 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 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 insert-
ing ‘‘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 insert-
ing ‘‘95’’;
(B) by striking ‘‘one hundred’’ and insert-
ing ‘‘120’’; and
(C) by striking ‘‘fifty’’ each place it ap-
pears and inserting ‘‘70’’.
(c) DURATION
OF COPYRIGHT: WORKS CREATED
BUT NOT PUBLISHED OR COPYRIGHTED BEFORE JANU-
ARY 1, 1978.—Section 303 of title 17, United States
Code, is amended in the second sentence by striking ‘‘De-
cember 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
striking ‘‘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
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’’;
(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 renewal term at the time that the Copyright Term Ex-
tension Act of 1997 becomes effective shall have a copy-
right term of 95 years from the date copyright was origi-
nally secured.’’;
(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 SUB-
SECTION (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 sub-
section (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
originally secured.’’.
(2) COPYRIGHT RENEWAL ACT OF 1992.—Sec-
tion 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 insert-
ing ‘‘effective date of the Copyright Term
Extension Act of 1997’’; and
(B) in subsection (g)(2) in the second sen-
tence by inserting before the period the follow-
ing: ‘‘, 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 sub-
section (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 in-
stitution that functions as such, may reproduce, distrib-
ute, display, or perform in facsimile or digital form a copy
or phonorecord of such work, or portions thereof, for pur-
poses of preservation, scholarship, or research, if such li-
brary or archives has first determined, on the basis of a
reasonable investigation, that none of the conditions set
forth in subparagraphs (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. 4. DISTRIBUTION OF PHONORECORDS.
Section 303 of title 17, United States Code, is
amended—
(1) in the first sentence by striking ‘‘Copy-
right’’ and inserting ‘‘(a) Copyright’’; and
(2) by adding at the end the following:
‘‘(b) The distribution before January 1, 1978, of
phonorecords shall not constitute publication of the musi-
cal work embodied therein for purposes of the Copyright
Act of 1909.’’.
SEC. 5. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act.
(b) 
DISTRIBUTION
OF
PHONORECORDS.—The
amendment made by section 4 shall not be a basis to re-
open an action nor to commence a subsequent action for
copyright infringement if an action in which such claim
was raised was dismissed by final judgment before the
date of enactment of this Act. The amendment made by
section 4 shall not apply to any action pending on the date
of enactment in any court in which a party, prior to the
date of enactment, sought dismissal of, judgment on, or
declaratory relief regarding a claim of infringement by ar-
guing that the adverse party had no valid copyright in a
musical work by virtue of the distribution of phonorecords
embodying it.
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