NOTE: LEGISLATION SIMILAR TO THIS BILL WAS

NOTE: LEGISLATION SIMILAR TO THIS BILL WAS

HR 1621 IH ENACTED AS TITLE I OF S. 505 (P.L. 105-298).

105th CONGRESS

1st Session

H. R. 1621

To amend the provisions of title 17, United States Code, with respect to the

duration of copyright, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 15, 1997

Mr. BONO 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 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 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

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.';

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:

`(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

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

(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:

`(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. DISTRIBUTION OF PHONORECORDS.

Section 303 of title 17, United States Code, is amended--

(1) in the first sentence by striking `Copyright' and inserting `(a)

(2) by adding at the end the following:

`(b) The distribution before January 1, 1978, of phonorecords shall not

constitute publication of the musical work embodied therein for purposes of

the Copyright Act of 1909.'.

SEC. 5. EFFECTIVE DATES.

(a) IN GENERAL- Except as provided in subsection (b), this Act and the

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

of this Act.

(b) DISTRIBUTION OF PHONORECORDS- The amendment made by section 4 shall not

be a basis to reopen an action nor to commence a subsequent action for

dismissed by final judgment before the date of enactment of this Act. The

amendment made by section 4 shall not apply to any action pending on the

date of enactment in any court in which a party, prior to the date of

enactment, sought dismissal of, judgment on, or declaratory relief regarding

a claim of infringement by arguing that the adverse party had no valid

embodying it.

END