Соединенные Штаты Америки

Public Law 102-307

An Act

To amend title 17, United States Code, the copyright renewal provisions, and for other purposes.

SECTION 1. SHORT TITLE.

This Act may be cited as the �Copyright Amendments Act of 1992�.

TITLE I�RENEWAL OF COPYRIGHT

SEC. 101. SHORT TITLE.

This title may be referred to as the �Copyright Renewal Act of 1992�.

SEC. 102. COPYRIGHT RENEWAL PROVISIONS.

(a) DURATION OF COPYRIGHT: SUBSISTING COPYRIGHTS.�Section 304(a) of title 17, United States Code, is amended to read as follows:

�(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) any posthumous work or of any periodical, cyclopedic, or other composite work upon which the copyright was originally secured by the proprietor thereof, or

�(ii) any work copyrighted by a corporate body (otherwise than as assignee or licensee of the individual author) or by an employer for whom such work is made for hire, 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 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) the author of such work, if the author is still living,

�(ii) the widow, widower, or children of the author, if the author is not living.

�(iii) the author�s executors, if such author, widow, widower, or children are not living, or

�(iv) the author�s next of kin, in the absence of a will of the author, shall be entitled to a renewal and extension of the copyright in such work for a further term of 47 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 years, which�

�(i) if an application to register a claim to such further term has been made to the Copyright Office within 1 year before the expiration of the original term of copyright, and the claim is registered, shall vest, upon the beginning of such further term, in the proprietor of the copyright who is entitled to claim the renew of copyright at the time the application is made; or

�(ii) if no such application is made or the claim pursuant to such application is not registered, shall vest, upon the beginning of such further term, in the person or entity that was the proprietor of the copyright as of the last day of the original term of copyright.

�(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 years, which�

�(i) if an application to register a claim to such further term has been made to the Copyright Office within 1 year before the expiration of the original term of copyright, and the claim is registered, shall vest, upon the beginning of such further term, in any person who is entitled under paragraph (1)(C) to the renewal and extension of the copyright at the time the application is made; or

�(ii) if no such application is made or the claim pursuant to such application is not registered, shall vest, upon the beginning of such further term, in any person entitled under paragraph (1)(C), as of the last day of the original term of copyright, to the renewal and extension of the copyright.

�(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 any person entitled under paragraph (1) (B) or (C) to such further term of 47 years; and

�(ii) at any time during the renewed and extended term by any person in whom such further term vested, under paragraph (2) (A) or (B), or by an successor or assign of such person, if the application is made in the name of such person.

�(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 years.

�(4)(A) If an application to register a claim to the renewed and extended term of copyright in a work is not made within 1 year before the expiration of the original term of copyright in a work, or if the claim pursuant to such application is not registered then a derivative work prepared under authority of a grant of a transfer or license of the copyright that is made before the expiration of the original term of copyright may continue to be used under the terms of the grant during the renewed and extended term of copyright without infringing the copyright, except that such use does not extend to the preparation during such renewed and extended term of other derivative works based upon the copy-righted work covered by such grant.

�(B) If an application to register a claim to the renewed and extended term of copyright in a work is made within 1 year before its expiration, and the claim is registered, the certificate of such registration shall constitute prima facie evidence as to the validity of the copyright during its renewed and extended term and of the facts stated in the certificate. The evidentiary weight to be accorded the certificates of a registration of a renewed and extended term of copyright made after the end of that 1-year period shall be within the discretion of the court.�.

(b) REGISTRATION.�(1) Section 409 of title 17, United States Code, is amended by adding at the end the following:

�If an application is submitted for the renewed and extended term provided for in section 304(a)(3)(A) and an original term registration has not been made, the Register may request information with respect to the existence, ownership, or duration of the copyright for the original term.�.

(2) Section 101 of title 17, United States Code, is amended by inserting after the definition of �publication� the following:

�Registration� for purposes of sections 205(c)(2), 405, 406, 410(d), 411, 412, and 506(e) means a registration of a claim in the original or the renewed and extended term of copyright.�.

(c) LEGAL EFFECT OF RENEWAL OF COPYRIGHT UNCHANGED.� The renewal and extension of a copyright for a further term of 47 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, of a transfer or license of the further term as did the renewal of a copyright before the effective date of this section under the law in effect at the time of such grant.

(d) CONFORMING AMENDMENT.�Section 304(c) of title 17, United

States Codes, is amended in the matter preceding paragraph (1) by �striking second proviso of subsection (a)� and inserting subsection(a)(1)(C)�.

(e) REGISTRATION PERMISSIVE.�Section 408(a) of title 17, United States Code, is amended by striking �At� and all that follows through �unpublished work,� and inserting �At any time during the subsistence of the first term of copyright in any published or unpublished work in which the copyright was secured before January 1, 1978, and during the subsistence of any copyright secured on or after that date,�.

(f) COPYRIGHT OFFICE FEES.�Section 708(a)(2) of title 17, United States Code, is amended�

(1) by striking �in its first term�; and

(2) by striking �$12� and inserting �$20�.

(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.

(3) This section and the amendments made by this section shall not affect any court proceedings pending on the effective date of this section.

TITLE H�NATIONAL FILM PRESERVATION

SEC. 201. SHORT TITLE.

This title may be cited as the �National Film Preservation Act of 1992�.

SEC. 202. NATIONAL FILM REGISTRY OF THE LIBRARY OF CONGRESS.

The Librarian of Congress (hereinafter in this title referred to as the �Librarian�) shall establish a National Film Registry pursuant to the provisions of this title, for the purpose of maintaining and preserving films that are culturally, historically, or aesthetically significant.

SEC. 203. DUTIES OF THE LIBRARIAN OF CONGRESS.

(a) STUDY OF FILM PRESERVATION.�(1) The Librarian shall, after consultation with the Board established pursuant to section 204, conduct a study on the current state of film preservation and restoration activities, including the activities of the Library of Congress and the other major film archives in the United States. The Librarian shall, in conducting the study�

(A) take into account the objectives of the national film preservation program set forth in clauses (i) through (iii) of subsection (b)(1)(A); and

(B) consult with film archivists, educators and historians, copyright owners, film industry representatives, including those involved in the preservation of film, and others involved in activities related to film preservation.

The study shall include an examination of the concerns of private organizations and individuals involved in the collection and use of abandoned films such as training, educational, and other historically important films.

(2) Not later than 1 year after the date of the enactment of this Act, the Librarian shall submit to the Congress a report containing the results of the study conducted under paragraph (1).

(b) POWERS.�(1) The Librarian shall, after consultation with the Board, do the following:

(A) After completion of the study required by subsection (a), the Librarian shall, taking into account the results of the study, establish a comprehensive national film preservation program for motion pictures, in conjunction with other film archivists and copyright owners. The objectives of such a program shall include�

(i) coordinating activities to assure that efforts of archivists and copyright owners, and others in the public and private sector, are effective and complementary;

(ii) generating public awareness of and support for those activities; and

(iii) increasing accessibility of films for educational purposes, and improving nationwide activities in the preservation of works in other media such as videotape.

(B) The Librarian shall establish guidelines and procedures under which films may be included in the National Film Registry, except that no film shall be eligible for inclusion in the National Film Registry until 10 years after such film�s first publication.

[Editor�s note: This Act continues with more on the Film Registry only.]