Copyright Amendments Act of 1992
PL 102-307 (S.756), enacted 06/26/1992

106 STAT. 264 
PUBLIC LAW 102-307-JUNE 26,1992 
June 26, 1992 
[S. 756] 
Copyrififht 
Amencunents 
Act of 1992. 
17 u s e 101 note. 
Public Law 102-307 
102d Congress 
An Act 
To amend title 17, United States Code, the ooiiyn^t renewal provisions, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States cf 
America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Copyright Amendments Act of 
1992". 
Copyright 
Renewal Act of 
1992 
17 u s e 101 note. 
TITLE I—RENEWAL OF COPYRIGHT 
SEC. 101. SHORT TITLE. 
This title may be referred to as the "Copyright Renewal Act 
of 1992". 
SEC. 102. COPYRIGHT RENEWAL PROVISIONS. 
(a) DURATION OF COPYRIGHT: SUBSISTING COPYRIGHTS.—Section 
304(a) of title 17, United States Code, is amended to read as 
follows: 
"(a) COPYRIGHTS IN THEIR FIRST TERM ON JANUARY 1, 1978.— 
(1)(A) Any cop3nright, the first term of which is subsisting on Janu-
ary 1,1978, shall endure for 28 years from the date it was originally 
secured. 
*(B) In the case o
f
— 
"(i) any posthumous work or of any periodical, cyclopedic, 
or other composite work upon which the cop3rright was origi-
nally secured by the proprietor thereof, or 
**(ii) any work copyrighted by a corporate body (otherwise 
than as assignee or licensee of the individual author) or by 
an employer 
for 
whom such work is made for hire, 
the proprietor of such copyright shall be entitled to a renewal 
and extension of the copyright in such work for the further term 
of 47 years. 
*(C) In the case of any other copjrrighted work, including a con-
tribution by an individual author to a periodical or to a cyclopedic 
or other composite work— 
"(i) the author of such work, if the author is still living, 
"(ii) the widow, widower, or children of the author, if the 
author is not living, 
"(iii) the authors executors, if such author, widow, widower, 
or children are not living, or 
"(iv) the author's next of kin, in the absence of a will of 
the author, 
shall be entitled to a renewal and extension of the copjrright in 
such work for a fiirtiier term of 47 years. 
''(2XA) At the expiration of the original term of cop3nright in 
a work specified in paragraph (1)(B) of this subsection, the cop3rright 
PUBUC LAW 102-307^JUNE 26,1992 
106 STAT. 265 
shall endure for a renewed and extended further term of 47 years, 
which— 
"(i) if an application to recister a claim to such further 
term has been made to the Cop^rieht OfiSce within 1 year 
before the expiration of the origmal term of cop^^g^t, and 
the claim is registered, shall vest, upon the beginning of such 
further term, in the proprietor of the copyright who is entitled 
to claim the renewal of cc^yright at the time the application 
is made; or 
"(ii) if no such application is made or the claim pursuant 
to such appUcation is not registered, shall vest, upon the begin-
ning of such further term, in the person or entity that was 
the proprietor of the copyright as of the last day of the original 
term of copyright. 
"(B) At the expiration of the orminal term of copyright in a 
work specified in paragraph (IXC) ofthis subsection, the copjrright 
shall endure for a renewed and extended further term of 47 years, 
which— 
"(i) if an appUcation to raster a claim to such further 
term has been made to the Copyright Office within 1 year 
before the expiration of the origmal term of cop^g^t, and 
the claim is registered, shall vest, upon the beginning of such 
further term, in any person who is entitled under paragraph 
dXC) to the renewal and extension of the copyri^t at the 
time the application is made; or 
"(ii) if no such application is made or the claim pursuant 
to such appUcation is not re|;istered, shall vest, upon the begin-
ning of such further term, m any person entitled under para-
£n!tiph (IXC), as of the last day of the original term of copyright, 
to the renewal and extension of the copyright. 
"(SXA) An application to register a claim to the renewed and 
extended term of copyri^t in a work may be made to the Copyright 
Office— 
"(i) within 1 year before the expiration of the original term 
of copyright by any person entitled under paragraph (1) (B) 
or (C) to such further term of 47 years; and 
"(ii) at any time during the renewed and extended term 
by any person in whom such further term vested, under para-
gpraph (2) (A) or (B), or by any successor or assign of such 
person, if the application is maae in the name of such person. 
"(B) Such an application is not a condition of the renewal and 
extension of the copyright in a work for a further term of 47 
years. 
*'(4XA) If an application to register a claim to the renewed and 
extended term of copyright in a work is not made within 1 year 
before the expiration of the original term of copyright in a work, 
or if the claim pursuant to such application is not registered, 
then a derivative work prepared under authority of a grant of 
a transfer or Ucense of the copyright that is made before the 
expiration of the original term of copyright may continue to be 
used under the terms of the ^ant during the renewed and extended 
term of copyrig^it without infringing the copyright, except that 
such use does not extend to the preparation during such renewed 
and extended term of other derivative works based upon the copy-
righted woik covered by such grant. 
^B) If an application to register a claim to the renewed and 
extended term of copyright in a work is made within 1 year before 
106 STAT. 266 
PUBLIC LAW 102-307—JUNE 26, 1992 
its expiration, and the claim is registered, the certificate of such 
registration shall constitute prima facie evidence as to the validity 
of the copyright during its renewed and extended term and of 
the facts stated in the certificate. The evidentiary weight to be 
accorded the certificates of a r^stration of a renewed and extended 
term of cop3rri|;ht made after the end of that 1-year period shall 
be within the discretion of the court.". 
(b) REGISTRATION.—(1) Section 409 of title 17, United States 
Code, is amended by adding at the end the following: 
"If an application is submitted for the renewed and extended term 
provided for in section 304(a)(3)(A) and an original term registration 
has not been made, the Register may request information Math 
respect to the existence, ownership, or duration of the copjrrig^t 
for the ori^nal term.". 
(2) Section 101 of title 17, United States Code, is amended by 
inserting after the definition of "publication" the following: 
"Registration", for purposes of sections 205(c)(2), 405, 406, 
410(d), 411, 412, and 506(e), means a registration of a claim 
in the original or the renewed and extended term of copjnright.". 
17 u s e 304 note. 
(c) LEGAL EFFECT OF RENEWAL OF COPYRIGHT UNCHANGED.— 
The renewal and extension of a copyright for a further term of 
47 years provided for under paragraphs (1) and (2) of section 304(a) 
of title 17, United States Code (as amended by subsection (a) 
of this section) shall have the same effect with respect to any 
grant, before the effective date of this section, of a transfer or 
license of the further term as did the renewal of a cop3rright before 
the effective date of this section under the law in effect at the 
time of such grant. 
(d) CONFORMING AMENDMENT.—Section 304(c) of title 17, United 
States Code, is amended in the matter preceding paragraph (1) 
by striking "second proviso of subsection (a)" and inserting "sub-
section (aXl)(C)". 
(e) REGISTRATION PERMISSIVE.—Section 408(a) of title 17, United 
States Code, is amended by striking "At" and all that follows 
through "unpublished work, and inserting "At any time during 
the subsistence of the first term of copyright in any published 
or unpublished work in which the copyright was secured before 
Januarv 1, 1978, and during the subsistence of any copyright 
secured on or after that date,". 
(f) COPYRIGHT OFFICE FEES.—Section 708(aX2) of title 17, United 
States Code, is amended— 
(1) by striking "in its first term"; and 
(2) by striking "$12" and inserting "$20". 
17 u s e 101 note. 
(g) EFFECTIVE DATE; COPYRIGHTS AFFECTED BY AMENDMENT.— 
(1) Subject to paragraphs (2) and (3), this section and the amend-
ments made by this section shall take effect on the date of the 
enactment of this Act 
(2) The amendments made by this section shall apply only to 
those copyiights secured between January 1, 1964, and December 
31, 1977. Copyrights secured before January 1, 1964, shall be 
governed by tne provisions of section 304(a) of title 17, United 
States Code, as in effect on the day before the effective date of 
Uiis section. 
(3) T h i s section a n d t h e a m e n d m e n t s m a d e b y this section shall 
not affect a n y court proceedings p e n d i n g on t h e effective date of 
this section. 
.--.,.,-, ^. .,..,.-.,, ... •.=.. •.-^,--^.-v.-^ 
•:- .....-...••r,-.. , 
PUBLIC LAW 102-307—JUNE 26, 1992 
106 STAT. 267 
TITLE n—NATIONAL FILM PRESERVATION 
National Film 
Preservation Act 
of 1992. 
Arts and 
This title may be cited as the "National Film Preservation Act 2 usc'iTrnote 
SEC. aoi. SHORT TITLE. 
Establishment. 
2 u s e 179. 
2 u s e 179a. 
of 1992' 
SEC. 202. NATIONAL FILM REGISTRY OF THE LIBRARY OF CONGRESS. 
The Librarian of Congress (hereinafter in this title referred to 
as the "Librarian") shall establish a National Film Registry pursu-
ant to the provisions of this title, for the purpose of maintaining 
and preserving films that are culturally, historically, or aesthetically 
significant. 
SEC. 203. DUTIES OF THE LIBRARIAN OF CONGRESS. 
(a) STUDY OP FILM PRESERVATION.—(1) The Librarian shall, afler 
consultation with the Board established pursuant to section 204, 
conduct a study on the current state of film preservation and 
restoration activities, including the activities of the Library of Con-
gress and the other mtgor film archives in the United States. 
The Librarian shall, in conducting the study— 
(A) take into account the objectives of the national film 
preservation program set forth in clauses (i) through (iii) of 
subsection G))(1)(A); and 
(B) consult with film archivists, educators and historians, 
copyright owners, film industry representatives, including those 
involved in the preservation of film, and others involved in 
activities related to film preservation. 
The study shall include an examination of the concerns of private 
organizations and individuals involved in the collection and use 
of abfmdoned films such as training, educational, and other histori-
cally important films. 
(2) Not later than 1 year afler the date of the enactment of Reports, 
this Act, the Librarian shall submit to the Congress a report con-
taining the results of the study conducted under paragraph (1). 
(b) POWERS.—(1) The Librarian shall, after consultation with 
the Board, do the following: 
(A) After completion of the study required by subsection 
(a), the Librarian shall, taking into account the results of 
the study, establish a comprehensive national film preservation 
program for motion pictures, in conjunction with other film 
archivists and copyright owners. The objectives of such a pro-
gram shall include— 
(i) coordinating activities to assure that efforts of 
archivists and copyright owners, and others in the public 
and private sector, are effective and complementary; 
(ii) generating public awareness of and support for those 
activities; and 
(iii) increasing accessibility of films for educational pur-
pNOses, and improving nationwide activities in the preserva-
tion of works in other media such as videotape. 
(B) The Librarian shall establish guidelines and procedures 
under which films may be included in the National Film R^-
istry, except that no film shall be eligible for inclusion in 
the National Film Registry until 10 years after such film's 
first publication. 
106 STAT. 268 
PUBLIC LAW 102-307—JUNE 26, 1992 
Federal 
R^^ister, 
publication. 
Federal 
Roister, 
publication. 
Reports. 
Establishment. 
2 u s e 179b. 
(C) The Librarian shall establish procedures under which 
the general public may make recommendations to the Board 
r^arding the inclusion of films in the National Film Registry. 
(D) The Librarian shall establish procedures for the examina-
tion by the Librarian of prints of films named for inclusion 
in the National Film Registry to determine their eligibility 
for the use of the seal of the National Film Registry under 
paragraph (3). 
(E) The Librarian shall determine which films satisfy the 
criteria established under subparagraph (B) and qualify for 
inclusion in the National Film Registry, except that the Librar-
ian shall not select more than 25 films each year for inclusion 
in the Registry. 
(2) The Librarian shall publish in the Federal Raster the name 
of each film that is selected for inclusion in the National Film 
Registry. 
(3) The Librarian shall provide a seal to indicate that a film 
has been included in the National Film R^stry and is the Registry 
version of that film. 
(4) The Librarian shall publish in the Federal Register the criteria 
used to determine the Registry version of a film. 
(5) The Librarian shall submit to the Congress a report, not 
less than once every two years, listing films included in the National 
Film Registry and describing the activities of the Board. 
(c) SEAL.—^The seal provided under subsection (b)(3) may be used 
on any copy of the Registry version of a film. Such seal may 
be used only after the Librarian has examined and approved the 
print from which the copy was made. In the case of copyrighted 
works, only the copyright owner or an authorized licensee of the 
copyright may place or authorize the placement of the seal on 
a copy of a film selected for inclusion in the National Film Registry, 
and the Librarian may place the seal on any print or copy of 
the film that is maintained in the National Film Registry Collection 
of the Library of Congress. The person authorized to place the 
seal on a copy of a film selected for inclusion in the National 
Film Registry may accompany such seal with the following lan-
guage: 'This film is included in the National Film Registry, which 
is maintained by the Library of Confess, and was preserved under 
the National Film Preservation Act of 1992.". 
(d) DEVELOPMENT OF STANDARDS.—The Librarian shall develop 
standards or guidelines by which to assess the preservation or 
restoration of films that will qualify films for use of the seal under 
this section. 
SEC. a04. NATIONAL FILM PRESERVATION BOARD. 
(a) NUMBER AND APPOINTMENT.—(1) The Librarian shall establish 
in the Library of Congress a National Film Preservation Board 
to be comprised of up to 18 members, who shall be selected by 
the Librarian in accordance with the provisions of this section. 
Subject to subparc^aphs (C) and (O), the Librarian shall request 
each organization listed in subparagraphs (A) throu|;h (P) to submit 
to the Librarian a list of not less than 3 candidates qualified 
to serve as a member of the Board. Except for the members-
at-large appointed under paragraph (2), the Librarian shall appoint 
1 member from each such list submitted by such organizations, 
and shall designate from that list an alternate who may attend 
PUBLIC LAW 102-307—JUNE 26, 1992 
106 STAT. 269 
those meetings to which the individual appointed to the Board 
cannot attend. The organizations are the following^ 
^ 
(A) The Academy of Motion Pictures Arts and Sciences. 
(B) The Directors Guild of America. 
(C) The Writers Guild of America. The Writers Guild of 
America East and the Writers Guild of America West shall 
each nominate not less than 3 candidates, and a representative 
from 1 such organization shall be selected as the member 
and a representative from the other such organization as the 
alternate 
(D) The National Society of Film Critics. 
(E) The Society for Cinema Studies. 
(F) The American Film Institute. 
(G) The Department of Theatre, Film and Television of the 
College of Fine Arts at the University of California, Los Angeles. 
(H) The Department of Film and Television of the Tisch 
School of the Arts at New York University. 
(I) The University Film and Video Association. 
(J) The Motion Picture Association of America. 
(K) The National Association of Broadcasters. 
(L) The Alliance of Motion Picture and Television Producers. 
(M) The Screen Actors Guild of 
America. 
(N) The National Association of 
Theater Owners. 
(O) The American Society of Cinematographers and the Inter-
national Photographers Guild, which shall jointly submit 1 
list of candidates from which a member and alternate will 
be selected. 
(P) The United States members of the International Fed-
eration of Film Archives. 
(2) In addition to the Members appointed under paragraph (1), 
the Librarian shall appoint up to 2 members-at-large. The Librarian 
shall select the at-large members from names submitted by 
organizations in the film industry, creative artists, producers, film 
critics, film preservation organizations, academic institutions with 
film study progprams, and others with knowledge of copyright law 
and of the importance, use, and dissemination or films. The Librar-
ian shall, in selecting 1 such member-at-large, give preference to 
individuals who are responsible for commercial nlm libraries. The 
Librarian shall also select from the names submitted under this 
paragraph an alternate for each member-at-large, who may attend 
those meetings to which the member-at-large cannot attend. 
(b) CHAIRPERSON.—The Librarian shall appoint 1 member of the 
Board to serve as Chairperson. 
(c) TERM OF OFFICE.—(1) The term of each member of the Board 
shall be 3 years, except that there shall be no limit to the number 
of terms that any individual member may serve. 
(2) A vacancy in the Board shall be filled in the manner in 
which the original appointment was made under subsection (a), 
except that the Librarian may fill the vacancy ft-om a list of can-
didates previously submitted oy the organization or organizations 
involved. Any member appointed to fill a vacancy before the expira-
tion of the term for which his or her predecessor was appointed 
shall be appointed only for the remainder of such term. 
(d) QUORUM.—9 members of the Board shall constitute a quorum 
but a lesser number may hold hearings. 
(e) BASIC PAY.—Members of the Board shall serve without pay. 
While away from their home or regular places of business in the 
106 STAT. 270 
PUBLIC LAW 102-307—JUNE 26, 1992 
performance of functions of the Board, members of the Board shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
in the same manner as persons employed intermittently in Govern-
ment service are allowed expenses under section 5701 of title 5, 
United States Code. 
(f) MEETINGS.—The Board shall meet at least once each calendar 
year. Meetings shall be at the call of the Librarian. 
(g) CONFLICT OF INTEREST.—The Librarian shall establish rules 
and procedures to address any potential conflict of interest between 
a member of the Board and the responsibilities of the Board. 
2 use 179c. 
SEC. SOS. RESPONSIBILITIES AND POWERS OF BOARD. 
(a) IN GENERAL.—The Board shall review nominations of films 
submitted to it for inclusion in the National Film Registry and 
shall consult with the Librarian, as provided in section 203, with 
respect to the inclusion of sucn films in the R^stry and the 
preservation of these and other films that are culturally, histori-
cally, or aesthetically significant. 
(b) NOMINATION OF FTLMS.—The Board shall consider, for inclu-
sion in the National Film Registry, nominations submitted by the 
general public as well as representatives of the film industry, such 
as the guilds and societies representing actors, directors, screen-
writers, cinematographers ana other creative artists, producers, 
film critics, film preservation organizations, and representatives 
of academic institutions with film study programs. The Board shall 
nominate not more than 25 films each year for inclusion in the 
Registry. 
(c) GENERAL POWERS.—The Board may, for the purpose of carry-
ing out its duties, hold such hearings, sit and act at such times 
and places, take such testimony, and receive such evidence, as 
the Librarian and the Board consiaers appropriate. 
2 use 179d. 
SEC. a06. NATIONAL FILM REGISTRY COLLECTION OF THE LIBRARY 
€»* CONGRESS. 
(a) ACQUISITION OF ARCHIVAL QuALmr COPIES.—The Librarian 
shall endeavor to obtain, by gift from the owner, an archival quality 
copy of the Registry version of each film included in the National 
Film Registry. Whenever possible, the Librarian shall endeavor 
to obtain the oest surviving materials, including preprint materials. 
(b) ADDITIONAL MATERIALS.—^The Librarian shall endeavor to 
obtain, for educational and research purposes, additional materials 
related to each film included in the National Film Registry, such 
as background materials, production reports, shootmg scripts 
(including continuity scripts) and other similar materials. 
(c) PROPERTY OF UNITED STATES.—All copies of films on the 
National Film Registry that are received fay the Librarian and 
other materials received l^ the Librarian under subsection (b) 
shall become the property or the United States Government, subject 
to the provisions of title 17, United States Code. 
(d) NATIONAL FILM REGISTRY COLLECTION.—-All copies of films 
on the National Film Registry that are received by me Librarian 
and other materials received by the Librarian under subsection 
(b) shall be maintained in a special collection in the Library of 
Congress to be known as the 'l^ational Film Registry Collection 
Regulations. 
of tne library of Coi^ess". The Librarian shall, by regulation, 
and in accordance witn title 17, United States Code, provide for 
reasonable access to films in such collection for scholarly and 
research purposes. 
PUBLIC LAW 102-307—JUNE 26, 1992 
106 STAT. 271 
SEC. a07. SEAL OF THE NATIONAL FILM BEGIBTRY. 
2 USC 179e. 
(a) USE OF THE SEAL.—(1) No person shall knowingly distribute 
or exhibit to the public a version of a film which bears the seal 
described in section 20303X3) if such film— 
(A) is not included in the National Film Registry; or 
(B) is included in the National Film Registry, but such copy 
was not made 
firom 
a print that was examined and approved 
for the use of the seal by the Librarian under section 203(c). 
(2) No person shall knowingly use the seal described in section 
203(b)(3) to promote any version of a film other than a Registry 
version. 
(b) EFFECTIVE DATE OF THE SEAL.—^The use of the seal described 
in section 203(b)(3) shall be effective for each film after the Librar-
ian publishes in the Federal Register the name of that film as 
selected for inclusion in Uie National F
H
l
m Registry. 
^8EC. 208. REMEDIES. 
2 USC 179f. 
(a) JURISDICTION.—The several district courts of the United States 
shall have jurisdiction, for cause shown, to prevent and restrain 
violations or section 207(a). 
(b) RELIEF.—(1) Except as provided in paragraph (2), relief for 
a violation of section 207(a) shall be limited to the removal of 
the seal of the National Film Registry from the film involved 
in the violation. 
(2) In the case of a pattern or practice of the willful violation 
of section 207(a), the United States <Ustrict courts may order a 
civil fine of not more than $10,000 and appropriate injunctive 
relief. 
SEC. a09. LIMITATIONS O F REMEDIES. 
2 USC 
179g. 
The remedies provided in section 208 shall be the exclusive rem-
edies under this title, or any other Federal or State law, regarding 
the use of the seal described in section 203(bX3). 
SEC. 210. STAFF OF BOARD; EXPERTS AND CONSULTANTS. 
2 USC 179h. 
(a) STAFF.—The Librarian may appoint and fix the pay of such, 
personnel as the Librarian considers appropriate to carry out this 
title. 
(b) EXPERTS AND CONSULTANTS.—The Librarian may, in carrying 
out this title, procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, but at rates for 
individuals not to exceed the daily equivalent of the maximum 
rate of basic pay payable for GS-15 of the General Schedule. In 
no case may a member of the Board be paid as an expert or 
consultant under such section. 
SEC. 211. IHSFINinONS. 
2 USC 179i. 
As used in this title— 
(1) the term "Librarian" means the Librarian of Congress; 
(2) the term '^ard" means the National Film Preservation 
Board; 
(3) the term '^Im" means a ''motion picture" as defined 
in section 101 of title 17, United States Code, except that 
such term does not include any work not originally fuced on 
film stock, such as a work fixed on videotape or laser disks; 
(4) the term "publication" means '^publication" as defined 
in section 101 of 
title 17, United States Code; and 
106 STAT. 272 
PUBLIC LAW 102-307—JUNE 26, 1992 
(5) the term "Registry version" means, with respect to a 
film, the version or the film first published, or as complete 
a version as the bona fide preservation and restoration activities 
by the Librarian, an archivist other than the Librarian, or 
the copyright owner can compile in those cases where the 
original material has been irretrievably lost. 
2 u s e 179j. 
SEC. 212. AUTHOBIZATION OF APPROFBIAHONS. 
There are authorized to be appropriated to the Librarian such 
sums as are necessaiy to carry out the provisions of this title, 
but in no fiscal year shall such sum exceed $250,000. 
2 u s e 179k. 
SEC. 213. EFFECTIVE DATE. 
The provisions of this title shall be effective for four years begin-
ning on the date of the enactment of this Act The provisions 
of this title shall apply to any copy of any film, including those 
copies of films selected for inclusion in the National Film Registry 
under the National Film Preservation Act of 1988, except tiiat 
any film so selected under such Act shall be deemed to have 
been selected for the National Film Registry under this title. 
SEC.214.BEPEAL. 
The National Film Preservation Act of 1988 (2 U.S.C. 178 and 
following) is repealed. 
TITLE m—OTHER COPYRIGHT PROVISIONS 
SEC. 301. REPEAL OF COPYRIGHT BEPORT TO CONGRESS. 
Section 108(i) of title 17, United States Code, is repealed. 
Approved June 26, 1992. 
LEGISLATIVE HISTORY—S. 756 (H.R. 2372): 
HOUSE REPORTS: No. 102-379, Pt. 1 accompanying H.R. 2372 (Comm. on the 
Judicianr). 
SENATE REPORTS: No. 102-194 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Nov. 25, considered and passed Senate. H.R. 2372 considered 
and passed House. 
Vol. 138 (1992): June 4, S. 756 considered and passed House, amended. Senate 
concurred in House amendment.