Opposing Copyright Extension
Statutes and Treaties
Text of H.R. 2589
105th Cong., 1st Sess.
Copyright Term Extension Act


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105th CONGRESS, 1st Session
HR 2589

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

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Copyright Term Extension 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 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'; and
        (B) by striking `one hundred' 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 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 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';
            (ii) in paragraph (2)--
                (I) in subparagraph (A) by striking `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:

        (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),' after `specified by clause (3) of this subsection,'; and
        (D) by adding at the end the following new subsection: (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 subsection (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 Extension Act of 1997'; and
        (B) in subsection (g)(2) in the second sentence 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. 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:

SEC. 4. 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 protection is extended by the amendments made by this Act, and the screenwriters, directors, and performers of those audiovisual works, should negotiate in good faith in an effort to reach a voluntary agreement or voluntary agreements with respect to the amount of
remuneration to be divided among the parties for the exploitation of those audiovisual works.

SEC. 5. EFFECTIVE DATE.

 This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.