[Congressional Record Volume 164, Number 85 (Wednesday, May 23, 2018)]
[Senate]
[Pages S2879-S2880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN:
  S. 2933. A bill to amend title 17, United States Code, to clarify 
ownership with respect to certain copyrights,

[[Page S2880]]

and for other purposes; to the Committee on the Judiciary.
  Mr. WYDEN. Mr. President, we in Congress are tasked in the 
Constitution with promoting science and the useful arts through giving 
authors and inventors the exclusive right to their writings and 
discoveries for a limited time. The first copyright act provided that 
the ``limited time'' would be a term of protection of 14 years, 
renewable once. Since that time, the copyright term has exploded to 95, 
or 120 years, or 70 years after the death of the artist, depending on 
the circumstance. I have serious concerns that these lengthy terms tip 
the balance toward limiting rather than promoting creativity and 
innovation. Unfortunately, a bill--the CLASSICS Act--currently under 
consideration in the Judiciary Committee blows past current U.S. 
copyright term to provide a windfall to a select few.
  The CLASSICS Act (Compensating Legacy Artists for their Songs, 
Service, and Important Contributions to Society Act) would give up to 
144 of exclusive copyright protection for digital transmissions of pre-
1972 sound recordings. Not only that, but it would create a hodge-podge 
of State and Federal rights, basically cherry-picking the most valuable 
right under the Federal regime and leaving the rest to be governed by 
States. This means that if a library wants to make a copy of a 
recording, and then digitally transmit that copy, it would have to 
navigate two different regimes--creating more uncertainty, not less.
  That is why, today, I am introducing the ACCESS to Recordings Act. It 
would give artists the full suite of Federal rights, as well as the 
uniformity and certainty that goes with the Federal copyright system. 
Along with that comes the exceptions and limitations, including those 
that enable archivists to preserve recordings, many of which are 
starting to degrade in their original physical medium and urgently need 
to be digitally preserved. In addition, it provides the same term 
available to post-72 recordings--95 years from publication. Let's be 
clear that is a significant term of protection. A song recorded in 1960 
will enjoy protection until 2055--37 years from now.
  I hope that someday, in the not too distant future, my colleagues and 
I can sit down and talk about real copyright reform, but in the 
meantime, we shouldn't be expanding term and making it more difficult 
for users of the copyright system--including both artists and the 
public--to navigate their rights and obligations. What I suggest 
instead is a straight-forward application of the Federal rules that 
apply to post-1972 recordings to those created before that time. We 
must remember that copyright is for the public interest, not just for 
the enrichment of large corporations. That is why I am introducing the 
ACCESS to Recordings Act.
                                 ______