To amend the provisions of title 17, United States Code,
with respect to the duration
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
TITLE I—COPYRIGHT TERM EXTENSION
SEC. 101. SHORT TITLE.
|(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 THERI RENEWAL TERM AT THE TIME OF
THE EFFECTIVE DATE OF THE SONNY BONO COPYRIGHT TERM EXTENSION ACT.—Any copyright still in its renewal term at the time that the Sonny Bono Copyright Term Extension Act becomec effec-
tive 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,";
(D) by adding at the end the following new subsection:
"(d) TEMINATION RIGHTS PROVIDED IN SUBSBCTION (C) WHICH HAVE EXPIRED ON OR BEFORE THE EFFECTIVE DATE OF THE SONNY BONO COPYRIGHT TERM EXTENSION ACT.—In the case of any copyright other than a work made for hire, subsisting in its renewal term on the effective date of the Sonny Bono Copyright Term Extension Act for which the termination right provided in sub-section
(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 sub-section
(a)(1)(C) of this section, other than by will, is subject to termination under the following conditions:
"(1) The conditions specified in subsections (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 Sonny Bono Copyright Term Extension Act.
"(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 AMENDMENTS ACT OF 1992.—Section 102 of
the Copyright Amendmenta Acs 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" end 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 Sonny Bono Copyright Term Extension Act"; 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. l03. TERMINATION OF TRANSFERS AND LICENSES COVERING
EXTENDED RENEWAL TERM
SectioN 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 or widower, children, and grandchildren are not living, the author's executor, administrator, personal representative, or trustee shall own the author's entire termination interest.".
SEC. 104. REPRODUCTION OF LIBRARIES AND ARCHIVES.
Section 108 of title 17, United StateS Code, is amended—
(1) by redesignating subsection (H) and subsection (i); and
(2} by inserting after subsection (g) the following;
"(h)(1) For the 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. 105. VOLUNTARY NEGOTIATION REGARDING DIVISION Of
It is the sense of the Congress that copyright owners of audio-visual works for which the term of copyrignt protection is extended by the amendments made by this title, and the screenwriters, directors, and performers of those andiovisual 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 renumeration to be divided among the parties for the exploitation of those audiovisual works.
SEC 106. EFFECTIVE DATE
This title and the amendmentaS made by this title shall take effect on the date of the enactment of this Act.