TITLE I-COPYRIGHT TERM EXTENSION
[Signed into United States law on 10/27/98.]

SEC. 101. SHORT TITLE.
This title may be referred to as the ''Sonny Bono Copyright Term Extension
Act''.

SEC. 102. 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 SONNY BONO COPYRIGHT TERM EXTENSION ACT. - Any copyright still in its
renewal term at the time that the Sonny Bono Copyright Term Extension Act
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 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 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 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
Amendments 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 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. 103. 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 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 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. 105. 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 title, 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. 106. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on the date
of the enactment of this Act.

[Passed by the House and Senate on 10/7/98 and signed by the President on
10/27/98.]

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