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HR 604 IH

To amend title 17, United States Code, with respect to the duration of copyright, and for other purposes.

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

To amend 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

(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) 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 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 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.

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