Page:United States Statutes at Large Volume 112 Part 5.djvu/71

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PUBLIC LAW 105-298—OCT. 27, 1998 112 STAT. 2829 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 Copjrrights 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 copjnight 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. 17 USC 108 note. This title and the amendments made by this title shall take effect on the date of the enactment of this Act.