NOTE: PROVISIONS SIMILAR TO THIS BILL WERE

NOTE: PROVISIONS SIMILAR TO THIS BILL WERE

HR 604 IH ENACTED AS TITLE I OF S. 505 (P.L. 105-298).

105th CONGRESS

1st Session

H. R. 604

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

IN THE HOUSE OF REPRESENTATIVES

February 5, 1997

Mr. GALLEGLY (for himself, Mr. COBLE, Mr. BERMAN, Mr. MCCOLLUM, Ms. LOFGREN, Mr.

GOODLATTE, Mr. CLEMENT, Mr. GEKAS, Mr. UNDERWOOD, and Mr. OWENS) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

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

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) 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'; and

(B) by amending subsection (b) to read as follows:

`(b) COPYRIGHTS IN THEIR RENEWAL TERM- Any copyright still in its renewal

term at the time that the Copyright Term Extension Act of 1997 becomes

effective shall endure for a term of 95 years from the date copyright was

originally secured.'.

(2) 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) For purposes of this section, during the last 20 years of any term of

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

paragraphs (1), (2), and (3) apply. No reproduction, distribution, display,

or performance is authorized under this subsection if--

`(1) the work is subject to normal commercial exploitation;

`(2) a copy or phonorecord of the work can be obtained at a reasonable

price; or

`(3) 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 paragraphs (1) and (2) applies.

The exemption provided in this subsection does not apply to any subsequent

uses by users other than such library or archives.'.

SEC. 4. EFFECTIVE DATE.

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

of the enactment of this Act.

END