I
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.
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) 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’’; 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 copy-
right 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 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) For purposes of this section, during the last 20
years of any term of copyright of a published work, a li-
brary 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 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 paragraphs (1), (2), and (3) apply. No reproduc-
tion, 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.
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