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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:

 `(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 Extension Act of 1997 becomes effective shall have a copyright term of 95 years from the date copyright was originally secured.';

`(d) TERMINATION RIGHTS PROVIDED IN SUBSECTION (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 subsection (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 terminations 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.'.
 

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:

`(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 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. 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.