[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 483 Reported in Senate (RS)]





                                                       Calendar No. 491

104th CONGRESS

  2d Session

                                 S. 483

                          [Report No. 104-315]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 10, 1996

                       Reported with an amendment





                                                       Calendar No. 491
104th CONGRESS
  2d Session
                                 S. 483

                          [Report No. 104-315]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1995

Mr. Hatch (for himself, Mrs. Feinstein, Mr. Thompson, Mr. Simpson, Mrs. 
Boxer, Mr. Abraham, Mr. Heflin, and Mr. Leahy) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                             July 10, 1996

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Copyright Term Extension 
Act of 1995''.</DELETED>

<DELETED>SEC. 2. DURATION OF COPYRIGHT PROVISIONS.</DELETED>

<DELETED>    (a) Preemption With Respect to Other Laws.--Section 301(c) 
of title 17, United States Code, is amended by striking out ``February 
15, 2047'' in each place it appears and inserting ``February 15, 2067'' 
in each such place.</DELETED>
<DELETED>    (b) Duration of Copyright: Works Created On or After 
January 1, 1978.--Section 302 of title 17, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a) by striking out ``fifty'' 
        and inserting in lieu thereof ``seventy'';</DELETED>
        <DELETED>    (2) in subsection (b) by striking out ``fifty'' 
        and inserting in lieu thereof ``seventy'';</DELETED>
        <DELETED>    (3) in subsection (c) in the first sentence--
        </DELETED>
                <DELETED>    (A) by striking out ``seventy-five'' and 
                inserting in lieu thereof ``ninety-five''; 
                and</DELETED>
                <DELETED>    (B) by striking out ``one hundred'' and 
                inserting in lieu thereof ``one hundred and twenty''; 
                and</DELETED>
        <DELETED>    (4) in subsection (e) in the first sentence--
        </DELETED>
                <DELETED>    (A) by striking out ``seventy-five'' and 
                inserting in lieu thereof ``ninety-five'';</DELETED>
                <DELETED>    (B) by striking out ``one hundred'' and 
                inserting in lieu thereof ``one hundred and twenty''; 
                and</DELETED>
                <DELETED>    (C) by striking out ``fifty'' in each 
                place it appears and inserting ``seventy'' in each such 
                place.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking out ``December 31, 2002'' in each 
        place it appears and inserting ``December 31, 2012'' in each 
        such place; and</DELETED>
        <DELETED>    (2) by striking out ``December 31, 2027'' and 
        inserting in lieu thereof ``December 31, 2047''.</DELETED>
<DELETED>    (d) Duration of Copyright: Subsisting Copyrights.--
</DELETED>
        <DELETED>    (1) Section 304 of title 17, United States Code, 
        is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) in paragraph (1)--</DELETED>
                                <DELETED>    (I) in subparagraph (B) by 
                                striking out ``47'' and inserting in 
                                lieu thereof ``67''; and</DELETED>
                                <DELETED>    (II) in subparagraph (C) 
                                by striking out ``47'' and inserting in 
                                lieu thereof ``67'';</DELETED>
                        <DELETED>    (ii) in paragraph (2)--</DELETED>
                                <DELETED>    (I) in subparagraph (A) by 
                                striking out ``47'' and inserting in 
                                lieu thereof ``67''; and</DELETED>
                                <DELETED>    (II) in subparagraph (B) 
                                by striking out ``47 and inserting in 
                                lieu thereof ``67''; and</DELETED>
                        <DELETED>    (iii) in paragraph (3)--</DELETED>
                                <DELETED>    (I) in subparagraph (A)(i) 
                                by striking out ``47'' and inserting in 
                                lieu thereof ``67''; and</DELETED>
                                <DELETED>    (II) in subparagraph (B) 
                                by striking out ``47'' and inserting in 
                                lieu thereof ``67''; and</DELETED>
                <DELETED>    (B) in subsection (b) by striking out 
                ``seventy-five'' and inserting in lieu thereof 
                ``ninety-five''.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) in subsection (c)--</DELETED>
                        <DELETED>    (i) by striking out ``47'' and 
                        inserting in lieu thereof ``67'';</DELETED>
                        <DELETED>    (ii) by striking out ``(as amended 
                        by subsection (a) of this section)''; 
                        and</DELETED>
                        <DELETED>    (iii) by striking out ``effective 
                        date of this section'' each place it appears 
                        and inserting in each such place ``effective 
                        date of the Copyright Term Extension Act of 
                        1995''; and</DELETED>
                <DELETED>    (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 sixty-seven 
                years''.</DELETED>

<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Copyright Term Extension Act of 
1996''.

SEC. 2. DURATION OF COPYRIGHT PROVISIONS.

    (a) Clarification of Library Exemption of Exclusive Rights.--
    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) Notwithstanding any other limitation in this title, for 
purposes of this section, during the last 20 years of any term of a 
copyright of a published work, a library, archives, or nonprofit 
educational institution may reproduce or distribute a copy or a 
phonorecord of such work, or portions thereof, for purposes of 
preservation, scholarship, teaching, or research, if the library, 
archives or nonprofit educational institution has first determined, on 
the basis of a reasonable investigation of reasonably available 
sources, that the work--
            ``(A) is not subject to normal commercial exploitation; and
            ``(B) cannot be obtained at a reasonable price.
    ``(2) No reproduction or distribution under this subsection is 
authorized if the copyright owner or its agent provides notice to the 
Copyright Office that the condition in paragraph (1)(A) or the 
condition in paragraph (1)(B) does not apply.''.
    (b) 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''.
    (c) 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''.
    (d) 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''.
    (e) 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'';
                    (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 1996.--Any copyright still 
in its renewal term at the time that the Copyright Term Extension Act 
of 1996 becomes effective shall have a copyright term of 95 years from 
the date copyright was originally secured.'';
                    (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:
    ``(d) Termination Rights Provided in Subsection (c) Which Have 
Expired On or Before the Effective Date of the Copyright Term Extension 
Act of 1996.--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 1996 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 1996.
            ``(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.''.
            (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 1995''; 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. EFFECTIVE DATE.

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