Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?


105th Congress                                                   Report
 2d Session             HOUSE OF REPRESENTATIVES                105-452
_______________________________________________________________________


 
                      COPYRIGHT TERM EXTENSION ACT

                                _______
                                

 March 18, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Coble, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2589]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2589) to amend the provisions of title 17, United States 
Code, with respect to the duration of copyright, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Oversight Findings.....................................     5
Committee on Government Reform and Oversight Findings............     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Estimate.............................     5
Section-by-Section Analysis and Discussion.......................     6
Changes in Existing Law..........................................     9
Additional Views.................................................    15

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

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

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) 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.'';
                  (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 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 copyright term as provided by the amendments 
        made by the Copyright Term 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 copyright was originally secured.''.
          (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. TERMINATION OF TRANSFERS AND LICENSES COVERING EXTENDED RENEWAL 
                    TERM.

  Sections 203(a)(2) and 304(c)(2) of title 17, United States Code, are 
each amended--
          (1) by striking ``by his widow or her widower and his or her 
        children or grandchildren''; and
          (2) by inserting after subparagraph (C) the following:
                  ``(D) In the event that the author's widow, widower, 
                children, and grandchildren are not living, the 
                author's executors shall own the author's entire 
                termination interest, or, in the absence of a will of 
                the author, the author's next of kin shall own the 
                author's entire termination interest, on a per stirpes 
                basis according to the number of such author's next of 
                kin represented. The share of the children of a dead 
                next of kin at the same level of relationship to the 
                author eligible to take a share of a termination 
                interest can be exercised only by the action of a 
                majority of them.''.

SEC. 4. 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. 5. VOLUNTARY NEGOTIATION REGARDING DIVISION OF ROYALTIES.

  It is the sense of the Congress that copyright owners of audiovisual 
works for which the term of copyright protection is extended by the 
amendments made by this Act, and the screenwriters, directors, and 
performers of those audiovisual works, should negotiate in good faith 
in an effort to reach a voluntary agreement or voluntary agreements 
with respect to the establishment of a fund or other mechanism for the 
amount of remuneration to be divided among the parties for the 
exploitation of those audiovisual works.

SEC. 6. EFFECTIVE DATE.

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

                          Purpose and Summary

    H.R. 2589, the ``Copyright Term Extension Act,'' will 
extend the term of copyright protection in all copyrighted 
works that have not fallen into the public domain by twenty 
years.

                  Background and Need for Legislation

    Pursuant to Article I, Section 8 of the United States 
Constitution, Title 17 of the United States Code gives the 
owners and authors of creative works an exclusive right to keep 
others from using their work for a limited period of time 
through copyright protection.
    The term of copyright protection varies depending on the 
type of work. Under current law, most creative works receive 
copyright protection for the life of the author plus fifty 
years. In a work created by two or more authors, the copyright 
term endures for the life of the last surviving author plus 
fifty years. In the case of anonymous works, pseudonymous 
works, and works made for hire, the copyright term endures for 
a period of seventy-five years from the year of its 
publication, or a term of one hundred years from its creation, 
whichever expires first. A work made for hire is a work 
prepared by an employee in the scope of his employment or a 
work that is specifically commissioned for use in certain types 
of works, such as a collective work or motion picture.
    Upon the expiration of the copyright term, the work falls 
into the public domain. This means that anyone may perform the 
work, display the work, make copies of the work, distribute 
copies of the work, and create derivative works based on the 
work without first having to get authorization from the 
copyright holder. Essentially, the copyright holder no longer 
has the exclusive ability to exploit the work to their 
financial gain and no longer ``owns'' the work.
    The United States has international obligations to protect 
copyrights as well. The Berne Convention, originally drafted in 
1886, is the international treaty which mandates basic 
copyright protection rules for its member countries. Currently 
there are over 100 countries that are members of the 
convention. The United States became a member in 1989. Under 
the Berne Convention, member countries must protect copyright 
for a term of life of the author plus fifty years. Under ``the 
rule of the shorter term'', member states need only protect the 
work of foreign authors to the same extent that they would be 
protected in their country of origin.
    In 1995, the European Union extended the copyright term for 
all of its member states from life of the author plus fifty 
years to life of the author plus seventy years. As the world 
leader in the export of intellectual property, this has 
profound effects for the United States if it does not extend 
copyright term as well.
    European Union countries, which are huge markets for U.S. 
intellectual property, would not have to provide twenty years 
of copyright protection to U.S. works and the U.S. would lose 
millions of dollars in export revenues. Extending copyright 
term to life of the author plus seventy years means that U.S. 
works will generally be protected for the same amount of time 
as works created by European Union authors. Therefore, the 
United States will ensure that profits generated from the sale 
of U.S. intellectual property abroad will come back to the 
United States.
    Extending copyright protection will be an incentive for 
U.S. authors to continue using their creativity to produce 
works, and provide copyright owners generally with the 
incentive to restore older works and further disseminate them 
to the public. Authors will be able to pass along to their 
children and grandchildren the financial benefits of their 
works.

                                Hearings

    The Committee's Subcommittee on Courts and Intellectual 
Property held a hearing on the issue of copyright term 
extension on June 27, 1997. Testimony was received from Fritz 
Attaway representing the Motion Picture Association of America; 
George David Weiss, representing the Songwriters Guild of 
America; Frances Preston, representing Broadcast Music, 
Incorporated; and Professor Jerome Reichman of Vanderbilt Law 
School.

                        Committee Consideration

    On September 30, 1997, the Subcommittee on Courts and 
Intellectual Property met in open session and ordered reported 
the bill H.R. 2589 by voice vote, a quorum being present. 
OnMarch 3, 4, 1998, the Committee met in open session and ordered 
reported favorably the bill H.R. 2589, as amended, by voice vote, a 
quorum being present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the bill H.R. 2589, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 11, 1998.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2589, the 
Copyright Term Extension Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 2589--Copyright Term Extension Act

    CBO estimates that enacting this bill would not have a 
significant effect on the federal budget. We estimate the 
Copyright Office would spend less than $500,000 to promulgate 
necessary regulations if the bill were enacted. Because 
enactment of this bill would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply. H.R. 2589 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 and would 
not affect the budgets of state, local, or tribal governments.
    H.R. 2589 would extend the copyright term for works created 
on or after January 1, 1978, from life of the author plus 50 
years after the author's death to life of the author plus 70 
years after death. The bill would extend most other current 
copyrights for an additional 20 years. The bill also would 
direct the Copyright Office to prepare regulations to allow 
libraries to reproduce works in hard copies or in digital form 
during the 20-year copyright extension period, for purposes of 
preservation, scholarships, or research, provided certain 
conditions are met. Based on information from the Copyright 
Office, we estimate that promulgating these regulations and 
updating the office's printed materials would cost less than 
$500,000, assuming appropriation of the necessary amounts.
    The CBO staff contact for this estimate is Kim Cawley. This 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

               Section-by-Section Analysis and Discussion

                         Section 1. Short Title

    This section states that this bill may be cited as the 
``Copyright Term Extension Act.''

              Section 2. Duration of Copyright Provisions

Subsection (a), Preemption With Respect to Other Laws

    Section 301(c) of the current copyright statute contains an 
exception to the general preemption of state common law and 
statutory copyright. The exception ``grandfathers'' state 
common law and statutory protection for sound recordings 
against record piracy for 75 years from February 15, 1972, the 
date the federal copyright statute was amended to first grant 
federal protection for sound recordings. Because this bill will 
extend the total term of protection for pre-1978 copyrighted 
works by 20 years, to a total of 95 years, a similar 20-year 
extension is be given to the ``grandfathered'' pre-February 15, 
1972 sound recordings in H.R. 2589.

Subsection (b), Duration of Copyright: Works created on or After 
        January 1, 1978

    Section 302(a) of the current copyright statute grants a 
basic term of life-plus-50-years; in the case of joint works, 
Section 302(b) measures the ``life'' by that of the longest 
surviving co-author. The bill makes both terms life-plus-70-
years. Section 302(c) of the current statute grants a term of 
75 years from publication or 100 years from creation (whichever 
expires first) in the cases of works made for hire, anonymous 
and pseudonymous works (as there is no known ``life'' to be 
measured in those cases). The bill extends those terms by 20 
years, to 95 years from publication or 120 years from creation, 
whichever expires first. Section 302(e) of the current statute 
establishes a presumption with respect to an author's death: if 
a search of Copyright Office records made after 75 years from 
publication or 100 years from creation of a work does not 
disclose that the author died within the past 50 years, the 
author is presumed dead for at least 50 years and no 
infringement action will lie. The bill extends all those time 
periods by 20 years.

Subsection (c), Duration of Copyright: Works Created but Not Published 
        or Copyrighted Before January 1, 1978

    Prior to January 1, 1978, state common law copyright for 
unpublished works was perpetual. The 1976 Copyright Act 
preempted such perpetual common law protection, and the 
perpetual term for unpublished works protected by common law on 
January 1, 1978 transformed to the life-plus-50-years (or other 
applicable) term. However, because some of those unpublished 
works were written by authors who had been dead for more than 
50 years on January 1, 1978, it was thought unfair to thrust 
those works into the public domain immediately (which would 
have been the effect if the life-plus-50-year term were 
applied). Section 303 of the current law gave those unpublished 
works a minimum of 25 years of protection until December 31, 
2002. In order to provide an incentive to make those works 
available to the public, an additional 25 years was provided if 
the work was published before December 31, 2002, making the 
potentially available term last through the year 2027. In the 
104th Congress, the bill H.R. 989 extended both of these dates. 
H.R. 2589 leaves unaffected the ordinary term for section 303 
works, so that protection expires at the latest in the year 
2002. These older works by definition have not been subject to 
commercial exploitation, so that the benefit from extending the 
term of protection for this category of works do not outweigh 
the detriments from limiting public access to these often 
historically significant works. However, works in this category 
that are published before the year 2002 would have protection 
until the year 2047, an extra twenty years beyond the current 
possible term.

Subsection (d), Duration of Copyright: Subsisting Copyrights

            Subsection (d)(1) In General
    This section amends Section 304(a) which deals with 
copyrights in their first term on January 1, 1978. Under 
current law, works in their first term are eligible for a 
renewal term of 47 years. H.R. 2589 will extend the renewal 
term of copyright protection by twenty years making it a 67 
year renewal term. This section also amends Section 304(b) 
which deals with copyrights in their renewal term before 
January 1, 1978. Under current law, works in their renewal term 
before January 1, 1978, received a term of seventy-five years 
from the date copyright was originally secured. This bill would 
extend that term to ninety-five years from the date copyright 
was originally secured. This bill also subjects to termination 
any exclusive or nonexclusive transfers or licenses of works in 
their renewal term in certain circumstances. Thisis to allow 
the original authors of works and their beneficiaries to benefit from 
the extended copyright protection.
            Subsection (d)(2), Copyright Renewal Act of 1992 Amendment
    In 1992, Public Law 102-307 (the Copyright Renewal Act of 
1992) amended the then-current Section 304(a) to make renewals 
of pre-1978 works automatic rather than dependent on timely 
filing of a renewal application. Section 102(2) of Title I of 
Public Law 102-307 spoke of the effect of renewal ``for a 
further term of 47 years'' on grants of transfer or license 
made before the amendment went into effect. As the bill will 
make the renewal term 67 rather than 47 years, this provision 
of Public Law 102-307 is accordingly amended, to avoid any 
implication that a shorter term still applies to some older 
works.

  Section 3. Termination of Transfers and Licenses Covering Extended 
                              Renewal Term

    This section amends Sections 203(a)(2) and 304(c)(2) by 
allowing an author's executor to receive his entire termination 
interest in the event that the author's widow, widower, 
children, or grandchildren are not living, or in the absence of 
a will, the author's next of kin shall own the author's entire 
termination interest.

           Section 4. Reproduction by Libraries and Archives

    This section is designed to permit libraries and archives 
to make certain uses of copyrighted material, including in 
digital form, during the 20-year extension, in certain 
circumstances. This is an exemption for libraries and archives, 
or other nonprofit educational institution, allowing them to 
reproduce, distribute, display, or perform a copy of a work or 
phonorecord for purposes of preservation, scholarship, or 
research. However, the exemption applies only where the entity 
has determined after reasonable investigation, that none of the 
following conditions apply: (1) that the work is subject to 
normal commercial exploitation, (2) a copy of the work can be 
obtained at a reasonable price, and (3) the copyright owner or 
its agents have provided notice that either of the first two 
conditions apply. This exemption would allow library users the 
benefit of access to published works that are not commercially 
exploited or otherwise reasonably available during the extended 
term.

    Section 5. Voluntary Negotiation Regarding Division of Royalties

    This is a new provision containing a Sense of Congress that 
the parties involved in the making of motion pictures should 
negotiate voluntarily and in good faith to decide amongst 
themselves the amount of remuneration to be divided between 
them for the amounts received as a result of this bill.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 17, UNITED STATES CODE

          * * * * * * *

            CHAPTER 1--SUBJECT MATTER AND SCOPE OF COPYRIGHT

          * * * * * * *

Sec. 108. Limitations on exclusive rights: Reproduction by libraries 
                    and archives

  (a) * * *
          * * * * * * *
  (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.
  [(h)] (i) The rights of reproduction and distribution under 
this section do not apply to a musical work, a pictorial, 
graphic or sculptural work, or a motion picture or other 
audiovisual work other than an audiovisual work dealing with 
news, except that no such limitation shall apply with respect 
to rights granted by subsections (b) and (c), or with respect 
to pictorial or graphic works published as illustrations, 
diagrams, or similar adjuncts to works of which copies are 
reproduced or distributed in accordance with subsections (d) 
and (e).
          * * * * * * *

              CHAPTER 2--COPYRIGHT OWNERSHIP AND TRANSFER

          * * * * * * *

Sec. 203. Termination of transfers and licenses granted by the author

  (a) Conditions for Termination.--In the case of any work 
other than a work made for hire, the exclusive or nonexclusive 
grant of a transfer or license of copyright or of any right 
under a copyright, executed by the author on or after January 
1, 1978, otherwise than by will, is subject to termination 
under the following conditions:
          (1) * * *
          (2) Where an author is dead, his or her termination 
        interest is owned, and may be exercised, [by his widow 
        or her widower and his or her children or 
        grandchildren] as follows:
                  (A) * * *
          * * * * * * *
                  (D) In the event that the author's widow, 
                widower, children, and grandchildren are not 
                living, the author's executors shall own the 
                author's entire termination interest, or, in 
                the absence of a will of the author, the 
                author's next of kin shall own the author's 
                entire termination interest, on a per stirpes 
                basis according to the number of such author's 
                next of kin represented. The share of the 
                children of a dead next of kin at the same 
                level of relationship to the author eligible to 
                take a share of a termination interest can be 
                exercised only by the action of a majority of 
                them.
          * * * * * * *

                    CHAPTER 3--DURATION OF COPYRIGHT

          * * * * * * *

Sec. 301. Preemption with respect to other laws

  (a) * * *
          * * * * * * *
  (c) With respect to sound recordings fixed before February 
15, 1972, any rights or remedies under the common law or 
statutes of any State shall not be annulled or limited by this 
title until February 15, [2047] 2067. The preemptive provisions 
of subsection (a) shall apply to any such rights and remedies 
pertaining to any cause of action arising from undertakings 
commenced on and after February 15, 2047. Notwithstanding the 
provisions of section 303, no sound recording fixed before 
February 15, 1972, shall be subject to copyright under this 
title before, on, or after February 15, [2047] 2067.
          * * * * * * *

Sec. 302. Duration of copyright: Works created on or after January 1, 
                    1978

  (a) In General.--Copyright in a work created on or after 
January 1, 1978, subsists from its creation and, except as 
provided bythe following subsections, endures for a term 
consisting of the life of the author and [fifty] 70 years after the 
author's death.
    (b) Joint Works.--In the case of a joint work prepared by 
two or more authors who did not work for hire, the copyright 
endures for a term consisting of the life of the last surviving 
author and [fifty] 70 years after such last surviving author's 
death.
    (c) Anonymous Works, Pseudonymous Works, and Works Made for 
Hire.--In the case of an anonymous work, a pseudonymous work, 
or a work made for hire, the copyright endures for a term of 
[seventy-five] 95 years from the year of its first publication, 
or a term of [one hundred] 120 years from the year of its 
creation, whichever expires first. If, before the end of such 
term, the identity of one or more of the authors of an 
anonymous or pseudonymous work is revealed in the records of a 
registration made for that work under subsections (a) or (d) of 
section 408, or in the records provided by this subsection, the 
copyright in the work endures for the term specified by 
subsection (a) or (b), based on the life of the author or 
authors whose identity has been revealed. Any person having an 
interest in the copyright in an anonymous or pseudonymous work 
may at any time record, in records to be maintained by the 
Copyright Office for that purpose, a statement identifying one 
or more authors of the work; the statement shall also identify 
the person filing it, the nature of that person's interest, the 
source of the information recorded, and the particular work 
affected, and shall comply in form and content with 
requirements that the Register of Copyrights shall prescribe by 
regulation.
          * * * * * * *
    (e) Presumption as to Author's Death.--After a period of 
[seventy-five] 95 years from the year of first publication of a 
work, or a period of [one hundred] 120 years from the year of 
its creation, whichever expires first, any person who obtains 
from the Copyright Office a certified report that the records 
provided by subsection (d) disclose nothing to indicate that 
the author of the work is living, or died less than [fifty] 70 
years before, is entitled to the benefits of a presumption that 
the author has been dead for at least [fifty] 70 years. 
Reliance in good faith upon this presumption shall be a 
complete defense to any action for infringement under this 
title.

Sec. 303. Duration of copyright: Works created but not published or 
                    copyrighted before January 1, 1978

    (a) Copyright in a work created before January 1, 1978, but 
not theretofore in the public domain or copyrighted, subsists 
from January 1, 1978, and endures for the term provided by 
section 302. In no case, however, shall the term of copyright 
in such a work expire before December 31, 2002; and, if the 
work is published on or before December 31, 2002, the term of 
copyright shall not expire before December 31, [2027] 2047.
          * * * * * * *

Sec. 304. Duration of copyright: Subsisting copyrights

    (a) Copyrights in Their First Term on January 1, 1978.--
(1)(A) Any copyright, the first term of which is subsisting on 
January 1, 1978, shall endure for 28 years from the date it was 
originally secured.
    (B) In the case of--
          (i) * * *
          * * * * * * *
the proprietor of such copyright shall be entitled to a renewal 
and extension of the copyright in such work for the further 
term of [47] 67 years.
    (C) In the case of any other copyrighted work, including a 
contribution by an individual author to a periodical or to a 
cyclopedic or other composite work--
          (i) * * *
          * * * * * * *
shall be entitled to a renewal and extension of the copyright 
in such work for a further term of [47] 67 years.
    (2)(A) At the expiration of the original term of copyright 
in a work specified in paragraph (1)(B) of this subsection, the 
copyright shall endure for a renewed and extended further term 
of [47] 67 years, which--
          (i) * * *
          * * * * * * *
    (B) At the expiration of the original term of copyright in 
a work specified in paragraph (1)(C) of this subsection, the 
copyright shall endure for a renewed and extended further term 
of [47] 67 years, which--
          (i) * * *
          * * * * * * *
    (3)(A) An application to register a claim to the renewed 
and extended term of copyright in a work may be made to the 
Copyright Office--
          (i) within 1 year before the expiration of the 
        original term of copyright by any person entitled under 
        paragraph (1)(B) or (C) to such further term of [47] 67 
        years; and
          * * * * * * *
    (B) Such an application is not a condition of the renewal 
and extension of the copyright in a work for a further term of 
[47] 67 years.
          * * * * * * *
    [(b) Copyrights in Their Renewal Term or Registered for 
Renewal Before January 1, 1978.--The duration of any copyright, 
the renewal term of which is subsisting at any time between 
December 31, 1976, and December 31, 1977, inclusive, or for 
which renewal registration is made between December 31, 1976, 
and December 31, 1977, inclusive, is extended to endure for a 
term of seventy-five years from the date copyright was 
originally secured.]
    (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.
    (c) Termination of Transfers and Licenses Covering Extended 
Renewal Term.--In the case of any copyright subsisting in 
either its first or renewal term on January 1, 1978, other than 
a copyright in a work made for hire, 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 by subsection (a)(1)(C) 
of this section, otherwise than by will, is subject to 
termination under the following conditions:
          (1) * * *
          (2) Where an author is dead, his or her termination 
        interest is owned, and may be exercised, [by his widow 
        or her widower and his or her children or 
        grandchildren] as follows:
                  (A) * * *
          * * * * * * *
                  (D) In the event that the author's widow, 
                widower, children, and grandchildren are not 
                living, the author's executors shall own the 
                author's entire termination interest, or, in 
                the absence of a will of the author, the 
                author's next of kin shall own the author's 
                entire termination interest, on a per stirpes 
                basis according to the number of such author's 
                next of kin represented. The share of the 
                children of a dead next of kin at the same 
                level of relationship to the author eligible to 
                take a share of a termination interest can be 
                exercised only by the action of a majority of 
                them.
          * * * * * * *
          (4) The termination shall be effected by serving an 
        advance notice in writing upon the grantee or the 
        grantee's successor in title. In the case of a grant 
        executed by a person or persons other than the author, 
        the notice shall be signed by all of those entitled to 
        terminate the grant under clause (1) of this 
        subsection, or by their duly authorized agents. In the 
        case of a grant executed by one or more of the authors 
        of the work, the notice as to any one author's share 
        shall be signed by that author or his or her duly 
        authorized agent or, if that author is dead, by the 
        number and proportion of the owners of his or her 
        termination interest required under clauses (1) and (2) 
        of this subsection, or by their duly authorized agents.
                  (A) The notice shall state the effective date 
                of the termination, which shall fall within the 
                five-year period specified by clause (3) of 
                this subsection, or, in the case of a 
                termination under subsection (d), within the 
                five-year period specified by subsection 
                (d)(2), and the notice shall be served not less 
                than two or more than ten years before that 
                date. A copy of the notice shall be recorded in 
                the Copyright Office before the effective date 
                of termination, as a condition to its taking 
                effect.
          * * * * * * *
    (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 copyright term as 
        provided by the amendments made by the Copyright Term 
        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 copyright was originally 
        secured.
          * * * * * * *
                              ----------                              


            SECTION 102 OF THE COPYRIGHT RENEWAL ACT OF 1992

          * * * * * * *

SEC. 102. COPYRIGHT RENEWAL PROVISIONS.

  (a) * * *
          * * * * * * *
    (c) Legal Effect of Renewal of Copyright Unchanged.--The 
renewal and extension of a copyright for a further term of [47] 
67 years provided for under paragraphs (1) and (2) of section 
304(a) of title 17, United States Code [(as amended by 
subsection (a) of this section)] shall have the same effect 
with respect to any grant, before the [effective date of this 
section] effective date of the Copyright Term Extension Act of 
1997, of a transfer or license of the further term as did the 
renewal of a copyright before the [effective date of this 
section] effective date of the Copyright Term Extension Act of 
1997 under the law in effect at the time of such grant.
          * * * * * * *
    (g) Effective Date; Copyrights Affected by Amendment.--(1) 
Subject to paragraphs (2) and (3), this section and the 
amendments made by this section shall take effect on the date 
of the enactment of this Act.
    (2) The amendments made by this section shall apply only to 
those copyrights secured between January 1, 1964, and December 
31, 1977. Copyrights secured before January 1, 1964, shall be 
governed by the provisions of section 304(a) of title 17, 
United States Code, as in effect on the day before the 
effective date of this section, except each reference to forty-
seven years in such provisions shall be deemed to be 67 years.
          * * * * * * *

             ADDITIONAL VIEWS OF CONGRESSWOMAN ZOE LOFGREN

    Despite opposition from much of the academic legal 
community, The New York Times, and others, to the extension of 
the term of copyrights through H.R. 2589, I have been a 
supporter of extending the term. I have supported term 
extension because I believe that the reciprocal recognition of 
copyrights by the European Union--part of the tradeoff if the 
United States extends copyright terms--is important for 
American copyright holders. However, I signed on as an original 
cosponsor of H.R. 2589 with the understanding that the original 
bill was only a starting point and not a final product.
    While the objectives of H.R. 2589 are important, the bill 
could be improved. In Subcommittee and at full Committee 
markup, I asked that H.R. 2589 deal with the narrow, yet 
important, situation when a creative work is lawfully possessed 
by a library or school, remains protected by copyright solely 
as a consequence of the term extension under H.R. 2589, yet is 
commercially unavailable. When we consider that copyright terms 
will grow to last long after the creator has passed on, it is 
reasonable to expect that there will be some copyrighted works 
that, toward the end of their copyright term, will be out-of-
print or unavailable. In that narrow case, I think it makes 
sense to allow, for the purposes of research, private study, or 
archival activities, the work to be used as if it were still in 
the public domain.
    This would be a benign and public-spirited exception, which 
would cause no damage to copyright holders. For instance, in 
the amendment considered and rejected by voice vote at full 
Committee markup, this publication-profit exception could have 
been terminated merely by a notification by the copyright 
holder to the copyright office or the public/non-profit 
institution that commercial exploitation was taking place or 
contemplated.
    While the failure to adopt this amendment is not fatal to 
the bill, I believe it is important to listen carefully to 
schools and libraries and to craft provisions of law that will 
assist them in their honorable mission to disseminate the 
accumulated knowledge and wisdom of mankind. Therefore, despite 
the fact that the amendment rejected in full Committee was 
narrow and arcane, I still believe that it is important for the 
Congress to consider and adopt some amendment to this bill that 
will accommodate the mission of public sector libraries and 
schools to assist in the intellectual development of humankind.

                                                       Zoe Lofgren.