Sonny Bono Copyright Term Extension Act
PL 105-298 (S.505), enacted 10/27/1998

PUBLIC LAW 105-298—OCT. 27, 1998 
112 STAT. 2827 
Public Law 105-298 
105th Congress 
An Act 
To amend the provisions of title 17, United States Code, with respect to the duration 
Oct. 27, 1998 
of copyright, and for other purposes. 
(S. 505] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
TITLE I—COPYRIGHT TERM EXTENSION s
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SEC. 101. SHORT TITLE. 
17 USC 101 note. 
This title may be referred to as the "Sonny Bono Cop3rright 
Term Extension Act". 
SEC. 102. DURATION OF COPYRIGHT PROVISIONS. 
(a) PREEMPnoN 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 inserting "70"; 
(2) in subsection (b) by striking "fifty" and inserting "70"; 
(3) in subsection (c) in the first sentence— 
(A) by striking "seventy-five" and inserting "95"; £ind 
(B) by striking "one himdred" and inserting "120"; 
and 
(4) in subsection (e) in the first sentence— 
(A) by striking "seventy-five" and inserting "95"; 
(B) by striking "one hundred" and inserting "120"; 
and 
(C) by striking "fifty" each place it appears and insert-
ing "70". 
(c) DURATION OF COPYRIGHT: WORKS CREATED BUT NOT PUB-
LISHED O
R 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: SLTBSISTING COPYRIGHTS.— 
(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 striking "47" and 
inserting "67"; and 
(II) in subparagraph (C) by striking "47" and 
inserting "67"; 
112 STAT. 2828 
PUBLIC LAW 105-298—OCT. 27, 1998 
(ii) in paragraph (2)— 
(I) in subparagraph (A) by striking "47" £ind 
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 SONNY BONO COPYRIGHT TERM EXTEN-
SION ACT.—^Any cop3n:ight still in its renewal term at the time 
that the Sonny Bono Copyright Term Extension Act becomes effec-
tive shall have a copyright term of 95 years from the date copyright 
was originally seciu'ed."; 
(C) in subsection (c)(4)(A) in the first sentence by 
inserting "or, in the case of a termination under subsection 
(d), within the five-year period specified by subsection 
(d)(2)," eifter "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 SONNY 
BONO COPYRIGHT TERM EXTENSION ACT.—In the case of any copy-
right other than a work made for hire, subsisting in its renewal 
term on the effective date of the Sonny Bono Copyright Term 
Extension Act 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 termi-
nation 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 sub-
section (a)(1)(C) of this section, other than by will, is subject to 
termination under the following conditions: 
"(1) The conditions specified in subsections (c) (1), (2), (4), 
(5), and (6) of this section apply to terminations of the last 
20 years of cop3aight term as provided by the amendments 
made by the Sonny Bono Copyright Term Extension Act. 
"(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 AMENDMENTS ACT OF 1992.—Section 102 of 
the Copyright Amendments Act of 1992 (PubUc 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 subsection (a) 
of this section)"; and 
(iii) by striking "effective date of this section" each 
place it appears and inserting "effective date of the 
Sonny Bono Copyright Term Extension Act"; and 
17 use 101 note. 
(B) in subsection (gX2) in the second sentence by insert-
ing before the period the following: ", except each reference 
to forty-seven years in such provisions shall be deemed 
to be 67 years". 
PUBLIC LAW 105-298—OCT. 27, 1998 
112 STAT. 2829 
SEC. 103. TERMINATION OF TRANSFERS AND LICENSES COVERING 
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 following: 
"(D) In the event that the author's widow or widower, 
children, and grandchildren are not living, the author's 
executor, administrator, personal representative, or trustee 
shall own the author's entire termination interest.". 
SEC. 104. REPRODUCTION BY LIBRARIES AND ARCHIVES. 
Section 108 of title 17, United States Code, is amended— 
(1) by redesignating subsection (h) as subsection (i); and 
(2) by inserting after subsection (g) the following: 
"(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 institution 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 subparagraphs 
(A), (B), and (C) of paragraph (2) apply. 
"(2) No reproduction, distribution, display, or performance 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 pursu-
ant to regulations promulgated by the Register of Copjrrights 
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. 105. VOLUNTARY 
NEGOTIATION 
REGARDING 
DIVISION 
OF 
ROYALTIES. 
It is the sense of the Congress that copjnight owners of audio-
visual works for which the term of copyright protection is extended 
by the amendments made by this title, and the screenwriters, 
directors, and performers of those audiovisual works, should nego-
tiate in good faith in an effort to reach a voluntary agreement 
or voluntary agreements with respect to the establishment of a 
fund or other mechanism for the amount of remuneration to be 
divided among the parties for the exploitation of those audiovisual 
works. 
SEC. 106. EFFECTIVE DATE. 
17 USC 108 note. 
This title and the amendments made by this title shall take 
effect on the date of the enactment of this Act. 
112 STAT. 2830 
PUBLIC LAW 105-298—OCT. 27, 1998 
Fairness In 
Music Licensing 
Act of 1998. 
TITLE II—MUSIC LICENSING EXEMP-
TION FOR FOOD SERVICE OR DRINK-
ING ESTABLISHMENTS 
17 u s e 101 note. 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Fairness In Music Licensing 
Act of 1998". 
SEC. 202. EXEMPTIONS. 
(a) EXEMPTIONS FOR CERTAIN ESTABLISHMENTS.—Section 110 
of title 17, United States Code, is amended— 
(1) in paragraph (5)— 
(A) by striking "(5)" and inserting "(5)(A) except as 
provided in subparagraph (B),"; and 
(B) by adding at the end the following: 
"(B) communication by an establishment of a trans-
mission or retransmission embodying a performance or dis-
play of a nondramatic musical work intended to be received 
by the general public, originated by a radio or television 
broadcast station licensed as such by the Federal Commu-
nications Commission, or, if an audiovisual transmission, 
by a cable system or satellite carrier, if— 
"(i) in the case of an establishment other than 
a food service or drinking establishment, either the 
establishment in which the communication occurs has 
less than 2,000 gross square feet of space (excluding 
space used for customer parking and for no other pur-
pose), or the establishment in which the communica-
tion occurs has 2,000 or more gross square feet of 
space (excluding space used for customer parking and 
for no other purpose) and— 
"(I) if the performance is by audio means only, 
the performance is communicated by means of a 
total of not more than 6 loudspeakers, of which 
not more than 4 loudspeakers are located in any 
1 room or adjoining outdoor space; or 
"(II) if the performance or display is by audio-
visual means, any visual portion of the perform-
ance or display is communicated by means of a 
total of not more than 4 audiovisual devices, of 
which not more than 1 audiovisual device is located 
in any 1 room, and no such audiovisual device 
has a diagonal screen size greater than 55 inches, 
and any audio portion of the performance or dis-
play is communicated by means of a total of not 
more than 6 loudspeakers, of which not more than 
4 loudspeakers are located in any 1 room or adjoin-
ing outdoor space; 
"(ii) in the case of a food service or drinking 
establishment, either the establishment in which the 
communication occurs has less than 3,750 gross square 
feet of space (excluding space used for customer park-
ing and for no other purpose), or the establishment 
in which the communication occurs has 3,750 gross 
PUBLIC LAW 105-298—OCT. 27, 1998 
112 STAT. 2831 
square feet of space or more (excluding space used 
for customer parking and for no other purpose) and— 
"(I) if the performance is by audio means only, 
the performance is communicated by means of a 
total of not more than 6 loudspeakers, of which 
not more than 4 loudspeakers are located in any 
1 room or adjoining outdoor space; or 
"(11) if the performance or display is by audio-
visual means, any visual portion of the perform-
ance or display is communicated by means of a 
total of not more than 4 audiovisual devices, of 
which not more than one audiovisual device is 
located in any 1 room, and no such audiovisual 
device has a diagonal screen size greater than 
55 inches, and any audio portion of the perform-
ance or display is communicated by means of a 
total of not more than 6 loudspeakers, of which 
not more than 4 loudspeakers are located in any 
1 room or adjoining outdoor space; 
"(iii) no direct charge is made to see or hear the 
transmission or retransmission; 
"(iv) the transmission or retransmission is not fur-
ther transmitted beyond the establishment where it 
is received; and 
"(v) the transmission or retransmission is licensed 
by the copyright owner of the work so publicly per-
formed or displayed;"; and 
(2) by adding after paragraph (10) the following: 
"The exemptions provided under paragraph (5) shall not be taken 
into account in any administrative, judicial, or other governmental 
proceeding to set or adjust the royalties payable to copyright owners 
for the public performance or display of their works. Royalties 
payable to copyright owners for cm.y public performance or display 
of their works other than such performances or displays as are 
exempted under paragraph (5) shall not be diminished in any 
respect as a result of such exemption.". 
(b) EXEMPTION RELATING TO PROMOTION.—Section 110(7) of 
title 17, United States Code, is amended by inserting "or of the 
audiovisual or other devices utilized in such performance," after 
"phonorecords of the work,". 
SEC. 203. LICENSING BY PERFORMING RIGHTS SOCIETIES. 
(a) IN GENERAL.—Chapter 5 of title 17, United States Code, 
is amended by adding at the end the following: 
"§ 512. Determination of reasonable license fees for individ-
ual proprietors 
"In the case of any performing rights society subject to a consent 
decree which provides for the determination of reasonable license 
rates or fees to be charged by the performing rights society, notwith-
standing the provisions of that consent decree, an individual propri-
etor who owns or operates fewer than 7 non-publicly traded 
establishments in which nondramatic musical works are performed 
publicly and who claims that any license agreement offered by 
that performing rights society is unreasonable in its license rate 
or fee as to that individual proprietor, shall be entitled to determina-
tion of a reasonable license rate or fee as follows: 
112 STAT. 2832 
PUBLIC LAW 105-298—OCT. 27, 1998 
"(1) The individual proprietor may commence such proceed-
ing for determination of a reasonable license rate or fee by 
filing an application in the applicable district court under para-
graph (2) that a rate disagreement exists and by serving a 
copy of the application on the performing rights society. Such 
proceeding shall commence in the applicable district court 
within 90 days after the service of such copy, except that 
such 90-day requirement shall be subject to the administrative 
requirements of the court. 
"(2) The proceeding under paragraph (1) shall be held, 
at the individual proprietor's election, in the judicial district 
of the district court with jurisdiction over the applicable consent 
decree or in that place of holding court of a district court 
that is the seat of the Federal circuit (other than the Court 
of Appeals for the Federal Circuit) in which the proprietor's 
establishment is located. 
"(3) Such proceeding shall be held before the judge of 
the court with jurisdiction over the consent decree governing 
the performing rights society. At the discretion of the court, 
the proceeding shall be held before a special master or mag-
istrate judge appointed by such judge. Should that consent 
decree provide for the appointment of an advisor or advisors 
to the court for any purpose, any such advisor shall be the 
special master so named by the court. 
"(4) In any such proceeding, the industry rate shall be 
presumed to have been reasonable at the time it was agreed 
to or determined by the court. Such presumption shall in no 
way affect a determination of whether the rate is being correctly 
applied to the individual proprietor. 
"(5) Pending the completion of such proceeding, the individ-
ual proprietor shall have the right to perform publicly the 
copyrighted musical compositions in the repertoire of the 
performing rights society by paying an interim license rate 
or fee into an interest bearing escrow account with the clerk 
of the court, subject to retroactive adjustment when a final 
rate or fee has been determined, in an amount equal to the 
industry rate, or, in the absence of an industry rate, the amount 
of the most recent license rate or fee agreed to by the parties. 
"(6) Any decision rendered in such proceeding by a special 
master or magistrate judge named under paragraph (3) shall 
be reviewed by the judge of the court with jurisdiction over 
the consent decree governing the performing rights society. 
Such proceeding, including such review, shall be concluded 
within 6 months after its commencement. 
"(7) Any such final determination shall be binding only 
as to the individual proprietor commencing the proceeding, 
and shall not be applicable to any other proprietor or any 
other performing rights society, and the performing rights soci-
ety shall be relieved of any obligation of nondiscrimination 
among similarly situated music users that may be imposed 
by the consent decree governing its operations. 
"(8) An individual proprietor may not bring more than 
one proceeding provided for in this section for the determination 
of a reasonable license rate or fee under any license agreement 
with respect to any one performing rights society. 
"(9) For purposes of this section, the term 'industry rate' 
means the license fee a performing rights society has agreed 
PUBLIC LAW 105-298—OCT. 27, 1998 
112 STAT. 2833 
to with, or which has been determined by the court for, a 
significant segment of the music user industry to which the 
individual proprietor belongs.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 
sections for chapter 5 of title 17, United States Code, is amended 
by adding after the item relating to section 511 the following: 
"512. Determination of reasonable license fees for individual proprietors.". 
SEC. 204. PENALTIES. 
Section 504 of title 17, United States Code, is amended by 
adding at the end the following: 
"(d) ADDITIONAL DAMAGES IN CERTAIN CASES.—In any case 
in which the court finds that a defendant proprietor of an establish-
ment who claims as a defense that its activities were exempt 
under section 110(5) did not have reasonable grounds to believe 
that its use of a cop5n-ighted work was exempt under such section, 
the plaintiff shall be entitled to, in addition to any award of damages 
under this section, an additional award of two times the amount 
of the license fee that the proprietor of the establishment concerned 
should have paid the plaintiff for such use during the preceding 
period of up to 3 years.". 
SEC. 205. DEFINITIONS. 
Section 101 of title 17, United States Code, is amended— 
(1) by inserting after the definition of "display" the follow-
ing: 
"An 'establishment' is a store, shop, or any similar place 
of business open to the general public for the primary purpose 
of selling goods or services in which the majority of the gross 
square feet of space that is nonresidential is used for that 
purpose, and in which nondramatic musical works are per-
formed publicly. 
"A 'food service or drinking establishment' is a restaurant, 
inn, bar, tavern, or any other similar place of business in 
which the public or patrons assemble for the primary purpose 
of being served food or drink, in which the majority of the 
gross square feet of space that is nonresidential is used for 
that purpose, and in which nondramatic musical works are 
performed publicly."; 
(2) by inserting after the definition of "fixed" the following: 
"The 'gross square feet of space' of an establishment means 
the entire interior space of that establishment, and any adjoin-
ing outdoor space used to serve patrons, whether on a seasonal 
basis or otherwise."; 
(3) by inserting after the definition of "perform" the follow-
ing: 
"A 'performing rights society' is an association, corporation, 
or other entity that licenses the public performance of nondra-
matic musical works on behalf of copyright owners of such 
works, such as the American Society of Composers, Authors 
and Pubhshers (ASCAP), Broadcast Music, Inc. (BMI), and 
SESAC, Inc."; and 
(4) by inserting after the definition of "pictorial, graphic 
and sculptural works" the following: 
"A 'proprietor' is an individual, corporation, partnership, 
or other entity, as the case may be, that owns an establishment 
or a food service or drinking establishment, except that no 
112 STAT. 2834 
PUBLIC LAW 105-298—OCT. 27, 1998 
owner or operator of a radio or television station licensed by 
the Federal Communications Commission, cable system or sat-
ellite carrier, cable or satellite carrier service or programmer, 
provider of online services or network access or the operator 
of facilities therefor, telecommunications company, or any other 
such audio or audiovisual service or programmer now known 
or as may be developed in the future, commercial subscription 
music service, or owner or operator of any other transmission 
service, shall under any circumstances be deemed to be a propri-
etor.". 
17 u s e 101 note. 
SEC. 206. CONSTRUCTION OF TITLE. 
Except as otherwise provided in this title, nothing in this 
title shall be construed to relieve any performing rights society 
of any obligation under any State or local statute, ordinance, or 
law, or consent decree or other court order governing its operation, 
as such statute, ordinance, law, decree, or order is in effect on 
the date of the enactment of this Act, as it may be amended 
after such date, or as it may be issued or agreed to after such 
date. 
17 u s e 101 note. 
SEC. 207. EFFECTIVE DATE. 
This title and the amendments made by this title shall take 
effect 90 days after the date of the enactment of this Act. 
Approved October 27, 1998. 
LEGISLATIVE HISTORY—S. 505 (H.R. 2589): 
HOUSE REPORTS: No. 105-452 accompanying H.R. 2589 (Comm. on the Judici-
ary). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Oct. 7, considered and passed House and Senate.