102d CONGRESS
2d Session
S. 756
AMENDMENT
S 756 EAH
In the House of Representatives, U. S.,
June 4, 1992.
Resolved, That the bill from the Senate (S. 756) entitled `An Act to
amend title 17, United States Code, the copyright renewal provisions,
and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

409c11d2e86a0d63347625417571ec2f36b85ae52f4f33ec2514054fb0b42532

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

5db61b27dee83121c0cec406db26719d5f879f716ae4118307da8591c7143807

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

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TITLE I

-RENEWAL OF COPYRIGHT

(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 renewal 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
by 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 any
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 copyrighted 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 Code,
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.

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

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TITLE II

-NATIONAL FILM PRESERVATION

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.

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(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.
(C) The Librarian shall establish procedures under which the general public
may make recommendations to the Board regarding the inclusion of films in
the National Film Registry.
(D) The Librarian shall establish procedures for the examination by the
Librarian of prints of films named for inclusion in the National Film
Registry to determine their eligibility for the use of the seal of the
National Film Registry under paragraph (3).
(E) The Librarian shall determine which films satisfy the criteria
established under subparagraph (B) and qualify for inclusion in the
National Film Registry, except that the Librarian shall not select more
than 25 films each year for inclusion in the Registry.
(2) The Librarian shall publish in the Federal Register the name of each
film that is selected for inclusion in the National Film Registry.
(3) The Librarian shall provide a seal to indicate that a film has been
included in the National Film Registry and is the Registry version of
that film.
(4) The Librarian shall publish in the Federal Register the criteria used
to determine the Registry version of a film.
(5) The Librarian shall submit to the Congress a report, not less than once
every two years, listing films included in the National Film Registry and
describing the activities of the Board.
(c) SEAL- The seal provided under subsection (b)(3) may be used on any
copy of the Registry version of a film. Such seal may be used only after
the Librarian has examined and approved the print from which the copy was
made. In the case of copyrighted works, only the copyright owner or an
authorized licensee of the copyright may place or authorize the placement
of the seal on a copy of a film selected for inclusion in the National
Film Registry, and the Librarian may place the seal on any print or copy
of the film that is maintained in the National Film Registry Collection
of the Library of Congress. The person authorized to place the seal on a
copy of a film selected for inclusion in the National Film Registry may
accompany such seal with the following language: `This film is included in
the National Film Registry, which is maintained by the Library of Congress,
and was preserved under the National Film Preservation Act of 1992.'.
(d) DEVELOPMENT OF STANDARDS- The Librarian shall develop standards or
guidelines by which to assess the preservation or restoration of films
that will qualify films for use of the seal under this section.

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(a) NUMBER AND APPOINTMENT- (1) The Librarian shall establish in the
Library of Congress a National Film Preservation Board to be comprised
of up to 18 members, who shall be selected by the Librarian in accordance
with the provisions of this section. Subject to subparagraphs (C) and (O),
the Librarian shall request each organization listed in subparagraphs (A)
through (P) to submit to the Librarian a list of not less than 3 candidates
qualified to serve as a member of the Board. Except for the members-at-large
appointed under paragraph (2), the Librarian shall appoint 1 member from
each such list submitted by such organizations, and shall designate from
that list an alternate who may attend those meetings to which the individual
appointed to the Board cannot attend. The organizations are the following:
(A) The Academy of Motion Pictures Arts and Sciences.
(B) The Directors Guild of America.
(C) The Writers Guild of America. The Writers Guild of America East and the
Writers Guild of America West shall each nominate not less than 3 candidates,
and a representative from 1 such organization shall be selected as the member
and a representative from the other such organization as the alternate.
(D) The National Society of Film Critics.
(E) The Society for Cinema Studies.
(F) The American Film Institute.
(G) The Department of Theatre, Film and Television of the College of Fine
Arts at the University of California, Los Angeles.
(H) The Department of Film and Television of the Tisch School of the Arts
at New York University.
(I) The University Film and Video Association.
(J) The Motion Picture Association of America.
(K) The National Association of Broadcasters.
(L) The Alliance of Motion Picture and Television Producers.
(M) The Screen Actors Guild of America.
(N) The National Association of Theater Owners.
(O) The American Society of Cinematographers and the International
Photographers Guild, which shall jointly submit 1 list of candidates from
which a member and alternate will be selected.
(P) The United States members of the International Federation of Film
Archives.
(2) In addition to the Members appointed under paragraph (1), the Librarian
shall appoint up to 2 members-at-large. The Librarian shall select the
at-large members from names submitted by organizations in the film industry,
creative artists, producers, film critics, film preservation organizations,
academic institutions with film study programs, and others with knowledge of
copyright law and of the importance, use, and dissemination of films. The
Librarian shall, in selecting 1 such member-at-large, give preference
to individuals who are responsible for commercial film libraries. The
Librarian shall also select from the names submitted under this paragraph
an alternate for each member-at-large, who may attend those meetings to
which the member-at-large cannot attend.
(b) CHAIRPERSON- The Librarian shall appoint 1 member of the Board to
serve as Chairperson.
(c) TERM OF OFFICE- (1) The term of each member of the Board shall be 3
years, except that there shall be no limit to the number of terms that
any individual member may serve.
(2) A vacancy in the Board shall be filled in the manner in which the
original appointment was made under subsection (a), except that the Librarian
may fill the vacancy from a list of candidates previously submitted by
the organization or organizations involved. Any member appointed to fill a
vacancy before the expiration of the term for which his or her predecessor
was appointed shall be appointed only for the remainder of such term.
(d) QUORUM- 9 members of the Board shall constitute a quorum but a lesser
number may hold hearings.
(e) BASIC PAY- Members of the Board shall serve without pay. While away from
their home or regular places of business in the performance of functions
of the Board, members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as persons
employed intermittently in Government service are allowed expenses under
section 5701 of title 5, United States Code.
(f) MEETINGS- The Board shall meet at least once each calendar year. Meetings
shall be at the call of the Librarian.
(g) CONFLICT OF INTEREST- The Librarian shall establish rules and procedures
to address any potential conflict of interest between a member of the
Board and the responsibilities of the Board.

371d40e1be741a5c67330484754d866426d4cdd149684cf60fe25c19d4f8314e

(a) IN GENERAL- The Board shall review nominations of films submitted to
it for inclusion in the National Film Registry and shall consult with the
Librarian, as provided in section 203, with respect to the inclusion of
such films in the Registry and the preservation of these and other films
that are culturally, historically, or aesthetically significant.
(b) NOMINATION OF FILMS- The Board shall consider, for inclusion in the
National Film Registry, nominations submitted by the general public as well
as representatives of the film industry, such as the guilds and societies
representing actors, directors, screenwriters, cinematographers and other
creative artists, producers, film critics, film preservation organizations,
and representatives of academic institutions with film study programs. The
Board shall nominate not more than 25 films each year for inclusion in
the Registry.
(c) GENERAL POWERS- The Board may, for the purpose of carrying out its
duties, hold such hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Librarian and the Board
considers appropriate.

8a2ccf3c33ec42b747ed68c9aac5d31357dc89a632504651823b7aa78ccb55bb

(a) ACQUISITION OF ARCHIVAL QUALITY COPIES- The Librarian shall endeavor to
obtain, by gift from the owner, an archival quality copy of the Registry
version of each film included in the National Film Registry. Whenever
possible, the Librarian shall endeavor to obtain the best surviving
materials, including preprint materials.
(b) ADDITIONAL MATERIALS- The Librarian shall endeavor to obtain, for
educational and research purposes, additional materials related to each
film included in the National Film Registry, such as background materials,
production reports, shooting scripts (including continuity scripts) and
other similar materials.
(c) PROPERTY OF UNITED STATES- All copies of films on the National Film
Registry that are received by the Librarian and other materials received by
the Librarian under subsection (b) shall become the property of the United
States Government, subject to the provisions of title 17, United States Code.
(d) NATIONAL FILM REGISTRY COLLECTION- All copies of films on the National
Film Registry that are received by the Librarian and other materials
received by the Librarian under subsection (b) shall be maintained in a
special collection in the Library of Congress to be known as the `National
Film Registry Collection of the Library of Congress'. The Librarian shall,
by regulation, and in accordance with title 17, United States Code,
provide for reasonable access to films in such collection for scholarly
and research purposes.

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(a) USE OF THE SEAL- (1) No person shall knowingly distribute or exhibit
to the public a version of a film which bears the seal described in section
203(b)(3) if such film--
(A) is not included in the National Film Registry; or
(B) is included in the National Film Registry, but such copy was not made
from a print that was examined and approved for the use of the seal by
the Librarian under section 203(c).
(2) No person shall knowingly use the seal described in section 203(b)(3)
to promote any version of a film other than a Registry version.
(b) EFFECTIVE DATE OF THE SEAL- The use of the seal described in section
203(b)(3) shall be effective for each film after the Librarian publishes
in the Federal Register the name of that film as selected for inclusion
in the National Film Registry.

ebe58dac3b3a3fe14d754aaaac791941a11b81f1bcbf5b359a99226b07147bb6

(a) JURISDICTION- The several district courts of the United States shall
have jurisdiction, for cause shown, to prevent and restrain violations of
section 207(a).
(b) RELIEF- (1) Except as provided in paragraph (2), relief for a violation
of section 207(a) shall be limited to the removal of the seal of the
National Film Registry from the film involved in the violation.
(2) In the case of a pattern or practice of the willful violation of
section 207(a), the United States district courts may order a civil fine
of not more than $10,000 and appropriate injunctive relief.

7af53dd14aa87f415a823b5b6637c36e3158e7199403be522339063bd4dc76c9

The remedies provided in section 208 shall be the exclusive remedies under
this title, or any other Federal or State law, regarding the use of the
seal described in section 203(b)(3).

c91c0a9009d63868a8faefcb431472cdac171d300d90f97b3305f58c05913822

(a) STAFF- The Librarian may appoint and fix the pay of such personnel as
the Librarian considers appropriate to carry out this title.
(b) EXPERTS AND CONSULTANTS- The Librarian may, in carrying out this
title, procure temporary and intermittent services under section 3109(b)
of title 5, United States Code, but at rates for individuals not to exceed
the daily equivalent of the maximum rate of basic pay payable for GS-15
of the General Schedule. In no case may a member of the Board be paid as
an expert or consultant under such section.

27f9b948725d792c071100313c214501d6b22a284c5ac46c678d640706a794c4

As used in this title--
(1) the term `Librarian' means the Librarian of Congress;
(2) the term `Board' means the National Film Preservation Board;
(3) the term `film' means a `motion picture' as defined in section 101 of
title 17, United States Code, except that such term does not include any
work not originally fixed on film stock, such as a work fixed on videotape
or laser disks;
(4) the term `publication' means `publication' as defined in section 101
of title 17, United States Code; and
(5) the term `Registry version' means, with respect to a film, the version
of the film first published, or as complete a version as the bona fide
preservation and restoration activities by the Librarian, an archivist
other than the Librarian, or the copyright owner can compile in those
cases where the original material has been irretrievably lost.

a7898739bcb4442383c4dbaa5ad8d4c8290dc8b8c7e70ea6020cab32b90ae057

There are authorized to be appropriated to the Librarian such sums as are
necessary to carry out the provisions of this title, but in no fiscal year
shall such sum exceed $250,000.

268cdf66f8aa8ec58c93cb3c6d25bf2764873ea2e6271d20df560bbaf8e18ffa

The provisions of this title shall be effective for four years beginning on
the date of the enactment of this Act. The provisions of this title shall
apply to any copy of any film, including those copies of films selected for
inclusion in the National Film Registry under the National Film Preservation
Act of 1988, except that any film so selected under such Act shall be deemed
to have been selected for the  National Film Registry under this title.

550008156c61df57bfb12a033d0a90dce337902381a1466492f22c04df853b0b

The National Film Preservation Act of 1988 (2 U.S.C. 178 and following)
is repealed.

e5678ca450744741842947ff88518d3f0918f9e4db613f58a57d5d27e2d3dd1b

Section 108(i) of title 17, United States Code, is repealed.
Attest:
Clerk.
S 756 EAH----2

Copyright Amendments Act of 1992

Other Sections

TITLE I

TITLE II

TITLE III

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